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HomeMy WebLinkAboutDocumentation_Regular_Tab 7B_10/25/1990VILLAGE OF TEQUESTA BUILDING DEPARTMENT Post Office Box 3273 0 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6220 FAX: (407) 575-6203 MEMORANDUM: 0 T' Thomas G. Bradford, Village Manager FROM: Scott D. Ladd, Building Official ygl DATE: October 15, 1990 SUBJECT: Combined Preliminary & Final Plat Review for the Froposed Three (3) Lot "Noit Gedacht" Subdivision. Tom, attached are nine (9` sets of review packets and nine (9) sets of proposed plat and infrastructure drawings for the above subject. Each review packet contains the following items: Exhibit A. Sketch plan approval letter dated June 290 1990. Exhibit B. Letter from applicant's attorney, Jill E. Kaufman. Exhibit C. Declaration of Covenants, Conditions and Restrictions. Exhibit D. Perpetual Maintenance Agreement. Exhibit E. Letter from applicant's attorney, Phillippe Jeck. Exhibit F. Letter from Village Consulting Engineer, Richard Staudinger, F. E. Exhibit G. Concurrency certification from applicant's engineer of record, David H. Lewis, F. E. Exhibit H. Letters of intent to provide service from utilities. Exhibit I. Letter of permit exemption, SFWMD. Exhibit J. Copy of permit for water distribution, HRS. Exhibit K. Copy of permit for wastewater collection system, HRS. Page 2 Exhibit L. Water retention engineering calculations, David H. Lewis, F. E. This proposed subdivision has been thoroughly reviewed by the Villages consulting Engineers and the Declaration of CovEnants, Conditions and Restrictions along with the Perpetual Maintenance Agreement have been reviewed by the Village Attorney. Please place this request for combined preliminary and final plat review on the October 25, 199? Council agenda. Thanks. SDL/ims attch. %6 y A VILLAGE OF TEQUESTA BUILDING DEPARTMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6220 FAX: (407) 575-6203 .tune 291 1990 Mr. Gordon R. Ripma 10410 S. E. Terrapin Place Tequesta, FL 33469 Dear Mr. Ripma: EXHIBIT "A" This letter is to confirm the action of the Village Council of the Village of Tequesta at the Jun- 14, 1990 meeting granting sketch plan approval for the revised sketch Flan for the proposed Noit Gedacht Subdivision. The Sketch F13n was approved as submitted and as follows: I. A variance was granted by the Village Council from the requirement that the triangular piece of property ,underlying the proposed road and cul-de-sa� identified as DeWitt Place that is riot owned by the applicant be dedicated to the Village as public road right-of-way. However, that portion of the triangular piece as described in item one above that is part of an ingress/egress access easement, along with the remainder of DeWitt Place, is to be dedicated to the Village prior to final acceptance of the subdivision improvements for Noit Gedacht. This other approvals to contact me if SDL/jms attch. approval has or permits you have any cc: Gary Van Brock Thomas G. Bradford no bearing or relationship to any which are required. Please feel free questions regarding this matter. Very truly yours, '4e 0. da-l"l, Scott D. Ladd, C.B.O. Building Official t EXHIBIT "B" JECK HARRIS JONES & KAUFMAN Attorneys and Counselors at Law PHILIPPE C. JECK SUITE 400, REYNOLDS PLAZA AUDREY HARRIS 1061 EAST INDIANTOWN ROAD GEOFFREY L. JONES JUPITER, FLORIDA 33477 JILL E KAUFMAN (407 )746 -1002 1407, 283-500-4 (MARTIN COUNTY TELECOPIER 1407, 747-4113 September 28, 1990 Mr. Stephen Kennedy Village of Tequesta Building Department Village Hall - Tequesta Drive Post Office Box 3273 Tequesta, Florida 33469 Re: Plat of Noit Gedacht Dear Steve: WILLIAM M. SHARPLESS OF COUNSEL Pursuant to Skip Randolph's request, enclosed please find the revised Declaration of Covenants, Conditions and Restrictions of Noit Gedacht and the revised Maintenance Agreement in regards to the above referenced subdivision. I have incorporated the changes requested by Skip Randolph in his letter to Scott Ladd of September 4, 1990. If you have any questions or comments, please do not hesitate to contact me. JEK/mem enclosure cc: Skip Randolph Gordon Ripma Ve y truly yours, J 1 E. Kaufman 1012 EXHIBIT "C" TWELVE (12) PAGES Prepared by and return to: Philippe C. Jeck, Esq. JECK HARRIS JONES & KAUFMAN 1061 East Indiantown Road, Suite 400 Jupiter, Florida 33477 (407) 746-1002 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF NOIT GEDACHT KNOW ALL MEN BY THESE PRESENTS, that the undersigned Declarant, is the owner of certain real property to be hereinafter known as NOIT GEDACHT, a platted subdivsion in Palm Beach County, Florida, and more particularly shown on Exhibit "A" attached hereto (the "Property"), and hereby makes the following Declaration of Covenants, Conditions and Restrictions covering the Property, specifying that this Declaration shall constitute a covenant running with the Property and that this Declaration shall be binding upon the undersigned and upon all persons deraigning title through the undersigned. This Declaration shall be for benefit of and limitation upon all present and future owners of all or any lot on the Property, and of other property owned by the undersigned which shall be made subject to these Covenants at a later date. 1. Definitions. The following words, phrases and groups of words as used in this Declaration or deposit receipt contract, sales agreements or any other literature associated with the project known as NOIT GEDACHT, they shall have the meaning set forth herein: 1.1 "Association" shall mean and refer to an unincorporated association consisting of all Owners of Lots of NOIT GEDACHT, their successors or assigns. 1.2 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.3 "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Property recorded in the Office of the Public Records of Palm Beach County, Florida. 1.4 "Member" shall mean and refer to an Owner who is a member of the Association as provided in Paragraph 10 hereof. 1.5 "Property" shall mean and refer to that certain real property shown on Exhibit "A" attached hereto and such additions thereto as may hereafter be brought within the jurisdiction of the Association by annexation. 1.6 "Declarant" shall mean and refer to RICHARD A. DeWITT, as Trustee of the Richard A. DeWitt Trust u/d/d April 9, 1982, and his successors and assigns. 1.7 "Lot" shall mean and refer to Lots 1 through 3 as shown on the Plat of Noit Gedacht recorded in Official Records Book , Page of the Public Records of Palm Beach County, Florida, with any and all improvements thereon, on which a residential structure could be constructed, whether or not one has been constructed. 1.8 "Common Property" shall mean all real or personal property (including improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Property to be owned by the Association at the time of the conveyance of the first Lot is more particularly described on Exhibit "B" attached hereto. 1.9 "DeWitt Place" shall mean and refer to the entry roadway and entry right of way designated as DeWitt Place on the Plat of Noit Gedacht. 2. Easements of Enjoyment. 2.1 Owner's Easements of Enjoyment. Every Owner shall have the right and easement of enjoyment in and to the Common Property which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions. 2.1.1 The right of the Association to suspend the voting rights and right to use of Common Property and any facilities thereon by any Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for an infraction of its published rules and regulations; 2.1.2 The right of the Association to dedicate or transfer all or any part of both Common Property to any public agency, authority or utility, for such purposes and subject to such conditions as may be agreed to by the Members; provided, however, that no such dedication or transfer shall be signed effective unless an instrument agreeing to such dedication or transfer by sixty-six and two-thirds percent (66 2/3t) of the Members entitled to vote on the issue has been recorded in the Public Records of Palm Beach County, Florida. 2.1.3 The right of the Association to adopt and enforce rules and regulations governing the use of the Common Property and all facilities at any time situated thereon. -2- 2.1.4 For so long as Declarant is the Owner of a Lot, Declarant, its licensees and agents shall have an easement over and across all the Lots and Common Property for the purpose of constructing houses and appurtenances, and any facilities and improvements on the Common Property the Declarant elects to construct. Provided, however, that any damage to landscaping, pavement, driveways, drainage structures or other structures caused by Declarant, its licensees or agents during such construction shall be promptly restored and repaired by Declarant, its licensees or agents causing such damage after completion of construction. 3. Title. Each Owner at NOIT GEDACHT will own fee simple title to his Lot. 4. Land Use. No Lot shall be used except for residential purposes. No business, service repair or maintenance for the general public or Owners shall be allowed on any Lot or on the Common Property at any time. Temporary uses for model homes, parking lots, or sales offices shall be permitted for the Declarant as long as the Declarant owns at least one Lot. 5. Maintenance of Lots. No Owner shall in any way deface the exterior of his dwelling or any structure on his Lot. Exterior walls and roof are to be maintained by each Lot Owner in quality condition equivalent to that at the time of its completed construction at all times. Failure to maintain the Lot in such manner may result in a notice to the Owner from the Association setting forth the items to be corrected within a thirty (30) day time period. In the event the notice is not adhered to, the Association may contract to have such work performed and the Owner will be charged for the invoices delivered by such contractors or workers together with any reasonable costs of the Association. The Association shall have the right to file a lien for non-payment of such charges in which event the Owner shall be responsible for attorneys' fees and costs of the Association incident to the collection of such assessment or enforcement of such lien. 5.1 Lots 1 and 2 Owners shall construct and maintain at their expense on their Lots a Swale and burm adjacent to their waterfront boundary or their seawall, if constructed, which shall be of minimum dimensions sufficient to prevent surface store water drainage from the Lots to discharge into the Loxahatchee River over the seawall, if constructed, or otherwise over the surface of the bank of the river, assuming a 100-year storm level of precipitation. 6. Exterior Finish of Improvements. Each Owner covenants and agrees that the entire structural and decorative themes of all common and private exterior areas will remain as they were originally approved by the Association. The only method by which this original theme can be changed will be under Association direction with 1004 of all Owners voting for the change. An -3- Owner shall not be required to obtain any approval for the painting of the exterior of the dwelling on his Lot in a color and finish consistent and compatible with the color and finish of all other dwellings at NOIT GEDACHT. 7. Structural Repair and Maintenance of Dwelling. Normal maintenance such as recoating, repainting or repairing shall be done as is necessary. In the event of damage or destruction which is confined to the structural area wholly within the dimensions of one Lot, the repair or replacement shall be at the expense of the said Owner. If any Owner shall neglect or refuse to make any necessary repairs within a reasonable period of time, the Association may have such building repaired and shall be entitled to a lien on the Lot so failing to pay for the amount of such repair or replacement cost. 8. Mortgagee's Rights. If an Owner shall give, or shall have given a mortgage or mortgages upon his Lot, then the mortgagee shall have the full right to add to the outstanding balance of such mortgage any amounts paid by the mortgagee for repairs and not reimbursed to said mortgagee by the Owner. The lien of the assessments provided for in this Declaration shall be subordinate to the lien of any first mortgage recorded prior to the time of recording the claim of lien provided for herein by the Association. 9. Insurance. 9.1 Property, Flood and Casualty Insurance. The Association may maintain property, flood and casualty insurance on all buildings and other improvements on the Common Property. No insurance will be carried by the Association on any contents of any Owner's dwelling. Each Owner will be assessed annually for one-third (1/3) the total insurance premium. The insurance shall be in an amount equal to the maximum insurance replacement value, excluding foundation and excavation costs. The assessment for insurance shall be due and payable when billed, which shall be sixty (60) days prior to the expiration date of the policy covering the Common Property. The Association shall have the right to file a lien against the Lot of such Owner who shall fail to make his required assessment payments. In the event of any casualty loss covered under the master policies, the Association shall be the agent of all Owners and shall adjust such loss on their behalf. 9.2 Liability Insurance. The Association may also purchase such liability insurance as may be necessary on the Common Property to protect respective interests of the Association and the Owners. Such assessments for this insurance will be handled as set forth below. 10. Membership in the Association and Voting Rights. Every person or entity who is a record fee simple Owner of a Lot, including the Declarant at all times as long as he owns any part -4- of the Property subject to this Declaration shall automatically become a member of the Association by virtue of acceptance of the deed of conveyance to his Lot. Membership shall be appurtenant to and may not be separated from the ownership of the Lot. Each owner shall be entitled to one vote on all matters put before Members of the Association for a vote. When more than one person holds an interest in any Lot, all such persons shall be treated as one member. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to each Lot. The Declarant shall be entitled to one (1) vote for each Lot owned including Lots on which dwellings are planned but not yet constructed. 11. Payment of Assessments. The Association shall collect a charge four times a year from each Owner. This charge shall be used to maintain the lawn and landscaping of the Common Property and to maintain DeWitt Place as provided in Paragraph 29. This charge shall be defined as "Current Expenses". The money shall be used exclusively to promote the recreation, health, safety and welfare of the Owners, and for the improvement, maintenance, repair and replacement of the Common Property and DeWitt Place. Each Owner shall be assessed one-third (1/3) of the total "Current Expenses." These charges shall be that which is set by the Association and may be modified from time to time in keeping with the necessary adjustments in the amount required to properly maintain and operate NOIT GEDACHT. Each Owner shall be responsible for paying his assessment charge on a current basis. The Association shall have the right to file a lien against the Lot of an Owner who fails to pay his maintenance assessment after the due date and elapse of all grace periods. In addition to the quarterly assessments authorized above, the Association may levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the costs of any repair or replacement to any portion of the Common Property, provided that any such assessment shall have the assent of sixty-six and two-thirds percent (66 2/3%) of Members who are voting in person or by proxy at a meeting duly called for this purpose. All assessments for "Current Expenses" shall be collected in advance. This means that a charge for April 1st shall be collected on January 1st. 12. Covenants to pay Assessments. (a) The Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association all assessments, special assessments, interest thereon, late charges, costs of suits, expenses and attorneys fees, if any, as nay be established and/or determined as provided for in this Declaration. The annual and special assessments, together with interest thereon at the rate of eighteen percent (18%) per annum from the due date if not paid prior to the elapse of the grace period, costs of suit, expenses and reasonable -5- attorney's fees, shall be a charge on and a continuing lien upon the Lot against which each such assessment is made. The lien shall be evidenced by an instrument executed by the Association and recorded in the Public Records of Palm Beach County, Florida, and shall be enforced in the same manner as is provided for by law for the enforcement of mechanic's and materialmen's liens. (b) The assessment, along with interest thereon, late charges, costs of suit, expenses and attorney's fees to collect the same shall also be the personal obligation of the Owner who was the owner of the Lot as of the date the assessment falls due. 12.1 From and after January 1st of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment and/or quarterly charge may be increased each year not more than five percent (5%) above the assessment of the previous year without a vote of sixty-six and two-thirds percent (66 2/3%) of the Members who are voting in person or by proxy, at a meeting duly called for this purpose. 12.2 The Association may fix an annual assessment not in excess of the maximum amount. 12.3 Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable tc that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the lawn or roads of the NOIT GEDACHT Common Property including fixtures and personal property related thereto, provided that any such assessment shall have the consent of sixty-six and two-thirds percent (66 2/3%) of all Members who are voting in person or by proxy at a meeting duly called for this purpose. Any special assessments for capital improvements of this nature will be charged to the Owners in accordance with the assessment plan as described above. 12.4 Notice and Quorum for any Action Authorized Under Article 12. Written notice of any meeting called for the purpose of taking any action authorized under this Article 12 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast a majority of all of the votes of the Members entitled to vote on that issue shall constitute a quorum. 13. Assessment Payments. All assessments are due and payable immediately upon their issuance or the date specified therein by the Association. Should any assessment not be paid within ten (10) days from the date of issuance thereof or the date so specified, the Association shall be entitled to assess against the Owner a late fee of One Hundred Dollars ($100.00) to partially compensate the Association for its additional -6- bookkeeping, administration and collection activities with regard to said late assessment payment. All sums, including late fees unpaid after thirty (30) days from the due date shall bear interest thereof at the rate of eighteen percent (18t) from the date when due until paid. All payments upon account shall first be applied to interest and then to the late charge and then to the assessment payment first due. 13.1 Should any assessment not be paid within thirty (30) days from the due date thereof, the Association may upon five (5) days notice, declare due and payable all assessments applicable to that Lot for the year in which the delinquency occurs. 13.2 The Association may bring an action at law against the Owner personally obligated to pay same without waiving any claim of lien it may have against the Lot, or after first perfecting its lien as stated elsewhere herein, foreclose the lien against said Owner's Lot. The lien for unpaid assessments shall also secure the reasonable attorney's fees incurred by the Association incident to the collection of such assessment or enforcement of such lien. 13.3 No Owner may waive or otherwise avoid liability for the assessments of the Association by nonuse or partial use of the Common Property he is entitled to use or claim offset against the Association, or abandonment of his Lot. 13.4 Each Owner by his acceptance of a deed to his Lot consents to jurisdiction of the Courts of Palm Beach County, Florida, and waives any rights of alternative venue or jurisdiction in the event an action is brought against him by the Association for collection of an assessment. 14. Use of Common Property. Each Owner shall have perpetually the full, non-exclusive free right and easement to the use and enjoyment of all of the Common Property owned by the Association, subject to the rights of all other Owners of Lots located on the Property. This right shall include but not be limited to a right of ingress and egress throughout the Common Property and shall also extend to all invitees and guests of an Owner. This use is, however, subject to any reasonable regulations for the use of these Common Property as may be established from time to time by the Association. 14.1 Nuisance. No nuisance shall be allowed upon Common Property or any Lot, nor any use or practice that is the source of annoyance to residents or which interferes with the peaceful possession and property use of the Property by its residents. All parts of the Common Property shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage shall be allowed to accumulate nor any fire hazard allowed to exist: No Owner shall permit any use of his Lot or sake any use -7- of the Common Property that will increase the cost of insurance upon the Common Property. 14.2 Lawful Use. No immoral, improper, offensive or unlawful use shall be made of the Common Property or any property operated by the Association nor any part of it; and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction shall be observed. 14.3 Guests. Each Owner shall be fully responsible for the activities and actions of his guests or visitors and shall take all action necessary or required to insure that all guests and visitors fully comply with the provisions of this Declaration and all rules and regulations of the Association. 15. Mortgagees' Access. All mortgagees of Lots shall specifically have a complete right of access to all of the Common Property for the purpose of ingress and egress to any and all Lots upon which they have a mortgage loan. 16. Mortgagee's Possession. When the mortgagee of a first mortgage of record or other purchaser of a Lot obtains title to the dwelling as a result of foreclosure of the first mortgage, or by a deed taken in lieu of foreclosure, such acquirer of title, his successor and assigns, shall not be liable for any delinquent assessments of the former Owner which became due prior to the acquisition of title as a result of the foreclosure or by a deed taken in lieu of foreclosure. Such unpaid assessments shall be deemed to be a common assessment, collectible from all of the Owners. Whenever a title is acquired as stated aforesaid, such acquirer shall be responsible for all assessments whatsoever, from that date forward, until title to the Lot is transferred from such acquirer. 17. Utility and Governmental Service Easements. Easements are specifically reserved to the Owners and such appropriate utility and other service companies or providers of the services hereinafter set forth as are from time to time designated by Declarant, such easements over, under, in and upon the Lots as may be necessary to provide utility services for ingress and egress for persons to provide and maintain such utility services, including, but not limited to, power, electric, sewer, water, drainage, telephone, gas, lighting facilities, irrigation, television transmission and cable transmission facilities, security service and facilities in connection therewith and for governmental purposes. An easement for encroachment in favor of all Owners in the event any portion of any of the Lots encroaches upon any other Lot as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. This easement for encroachment shall include an easement for the maintenance and use of the encroaching improvements in favor of each of the Owners and shall also include cross easements of support and use over, upon, across, under, through and into the Lot in favor of the Owners and/or their designees. These -8- easements may be assigned by the Declarant in whole or in part to any city, county or state governmental or agency thereof, or any duly licensed or franchised or public utility or any other appropriate designee of Declarant. 18. Control of Association. The Declarant shall retain sole control of the Association until sales have been closed on Lots 1 through 3. During the period the Declarant has sole control of the Association, he has the sole right to amend this Declaration of Covenants, Conditions and Restrictions without requirement of the joinder of any Owner. Further, the Declarant shall have the right, with regard to any Lots still owned by him, to use same as its sales office or as a model. 19. Liens. Any lien referred to in this Declaration shall not be effective unless and until the same has been recorded in the Public Records of Palm Beach County, Florida. 20. Duty to Repair Dwelling. In the event a dwelling is damaged, through an act of God or other casualty, that Owner shall promptly cause his dwelling to be repaired or rebuilt substantially in accordance with the original architectural plans and specifications. It shall be the duty of the Association to enforce such repair and rebuilding of the dwelling to comply with this responsibility. 21. Length of Covenant. These covenants are to run with the Property and shall be binding on all parties and all persons claiming under them for a period of ten (10) years from the date these covenants are recorded, or until the Declarant has sold all three Lots, whichever occurs last, after which time they shall be extended automatically for successive periods of ten (10) years, unless a written instrument agreeing to change the covenants, in whole or in part, signed by a majority of the then Owners of the Lots and their mortgagees has been recorded, along with the written consent of the Village of Tequesta. 22. Enforcement of Covenants. Enforcement of these covenants may be made by an Owner or the Association, by an action against any person or persons violating or attempting to violate these covenants either to restrain the violation or to recover damages. The party bringing the action shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of his attorney. 23. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 24. Amendment. This Declaration may not be amended without the written consent of the Village of Tequesta and then may be amended, subject to the rights of Declarant set for in Paragraph -9- 18, by a duly recorded instrument executed by not less than sixty-six and two-thirds percent (66 2/3%) of the Members. No amendment shall alter the assessment lien or subordination provisions as to first mortgagees without the prior approval of the mortgagee enjoying such protection. Declarant shall have the right at any time within five (5) years from the date of its recordation to amend this Declaration to correct scrivenor's errors and to clarify any ambiguities determined to exist herein. 25. Easement for Enforcement. The Association is granted an easement over the property of each Owner for the purpose of enforcing the provisions of this Declaration, and may go upon the property of the said Owner to remove or repair any existing cause of a violation hereof. If the Owner, after written notice by the Association to cure the violation fails to do so, the Association shall have the right to cure such violation, and all costs incident thereto, including court costs and reasonable attorney's fees shall become the personal obligation of the Owner and be a lien against his Lot in the same fashion as if said sums represented monies due for unpaid assessments. 26. Architectural Control. No building, fence, wall, or other structure, or hedge or landscaping shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and typography by the Association, or by an architectural committee composed of two (2) or more representatives appointed by the Association. In the event said Association or its designated committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Refusal of approval of plans, specifications and plot plan, or any of them, may be based on any ground, including purely aesthetic grounds. 27. No Defect of Title. In the event that any Lot shall encroach upon any of the Common Property it shall not affect the title of that Lot. 28. Common Prosy Maintenance. The Association shall own and maintain all Common Property for NOIT GEDACHT. The Association shall not be dissolved nor shall it dispose of any Common Property, by sale or otherwise (except to an organization conceived and organized to own and maintain the Common Property) without first receiving approval from the Village of Tequesta ("Village"). In the event the Association (or any successor organization) fails at any time to maintain the Common Property in reasonable order and condition in accordance with the approved final development plan, then the Village can serve written notice by certified mail, return receipt requested, upon the Association -10- and upon each Owner within NOIT GEDACHT which notice shall set forth the manner in which the Association has failed to maintain the Common Property in reasonable order and condition and shall demand that such failure be remedied within thirty (30) days of the sending of such notice or in the alternative that such Association appear before the Village at a specified time, at least ten (10) days, but not more than thirty (30) days after the sending of such notice, either to contest the alleged failure to maintain Common Property or to show cause why it cannot remedy such failure within the thirty (30) day period. If such failure has not been remedied within the thirty (30) day period or such longer period as the Village may have allowed, then the Village, in order to preserve the taxable values of the real property within the development and to prevent the Common Property from becoming a public nuisance, it shall hold a public hearing to consider the advisability of the Village entering upon such Common Property and maintaining them for a period of one (1) year. Notice of such hearing shall be sent certified mail, return receipt requested, to the Association and to each Owner within NOIT GEDACHT and shall be published one time in a newspaper of general circulation published in the Village. Such matters shall be sent and published at least fifteen (15) days in advance of the hearing. At such hearing, the Village may determine that it is or is not advisable for it to enter upon such Common Property, taking possession of them and maintain them for one (1) year. The Village shall be granted such right of entry, possession and maintenance, provided that the above procedures have been followed, and in such event, such entry, possession and maintenance shall not constitute a trespass. However, such entry, possession and maintenance shall not give the public any right to use the Common Property. The Village may, upon public hearing with notice given and published in the same manner as above, return possession and maintenance of such Common Property to the Association, or successor organization, abandon such possession and maintenance, or continue such possession and maintenance for additional one (1) year periods. The cost of maintenance by the Village shall be assessed pro rats against the Lots within NOIT GEDACHT that have a right to enjoyment of the Common Property and shall become a charge or lien on said Lots, and such charge shall be paid by the Owners of said Lots within thirty (30) days after receipt of a statement therefor. In the event the liens remain unpaid, then the liens for sums assessed pursuant to this paragraph may be enforced by judicial foreclosure in the same manner in which mortgages on real property may be foreclosed in Florida. All trees, shrubs, and groundcovers set aside for preservation must not be altered without prior approval from the Architectural Committee. 29. Place i n Association shall Agreement between _, 1990 recorded Florida, a copy maintain DeWitt Declarant and the in the Public of which is -11- IN WITNESS WHEREOF, we have set our hands and seals this day of September, 1990. By: RICHARD A. DeWitt, as Trustee of the Richard A. DeWitt Trust under Declaration dated April 9, 1982 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Declaration of Covenants, Conditions and Restrictions of NOIT GEDACHT, was acknowledged before me this day of September, 1990, by RICHARD A. DeWitt, as Trustee of the Richard A. DeWitt Trust under Declaration dated April 9, 1982. (SEAL) 724 Notary Public -State of Florida My Commission Expires: -12- EXHIBIT "D" EXHIBIT "C" FIVE (5) PAGES Prepared by and return to: Philippe C. Jeck, Esquire Jeck Harris Jones & Kaufman 1061 E. Indiantown Road, Suite 400 Jupiter, Florida 33477 (407) 746-1002 AGREEMENT THIS AGREEMENT made by and between RICHARD A. DeWITT as Trustee of the Richard A. Dewitt Trust under declaration dated April 9, 1982, his successor or assigns, of Florida, with a mailing address of 10410 S.E. Terrapin Place, Tequesta, Florida 33469 (hereinafter referred to as the "Owner"), and the VILLAGE OF TEQUESTA, with a mailing address of 357 Tequesta Drive, Tequesta, Florida 33469 (hereinafter referred to as the "Village"). WITNESSETH 1. Owner acknowledges that he is the owner in fee simple, and in possession of that certain real property situated in Palm Beach County, Florida, more particularly described in Exhibit "A" attached hereto and by reference made a part hereof ("Property"). 2. Owner has applied for the subdivision of the Property with the Village. The Village has requested Owner, pursuant to its subdivision approval process to construct and maintain a certain entry roadway and entry right-of-way of the Property ("Dewitt Place"). NOW, THEREFORE for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged by each of the parties, the parties agree to the covenants herein, to be recorded for the Property. A. Owner hereby agreed with the Village to construct Dewitt Place in conformity with the plans and specifications submitted to and approved by the Village as described on Exhibit "B", attached hereto and by reference made a part hereof. In connection with subdivision approval, Dewitt Place shall be dedicated to the Village for the use and benefit of the public. B. The owners of the Property or any lot therein shall maintain Dewitt Place in perpetuity for the benefit of, and to the satisfaction of, the Village in accordance with all applicable statutes and ordinances in existence at the time of this Agreement and in conformity with the plans and specifications described on Exhibit "B". In the event Dewitt Place is not maintained in accordance with this paragraph, the Village, subsequent to notice to the owners of the Property and Village, subsequent to notice to the owners of the Property and any lot therein, may maintain Dewitt Place and charge the costs thereof to each such owner, his successor or assigns on a pro rata basis, and may lien any lot in the Property in the event the owner of that lot has failed to pay his pro rata charge. C. Owner makes no representation or warranty as to the right of title that it has in and to Dewitt Place but does by this instrument grant the Village all of the right of ingress and egress that are within the power and control of Owner to grant for the health, safety and welfare of the residents. This Agreement shall be an appurtenance to the Property and shall run with the Property in perpetuity unless modified or terminated by the parties hereto in writing and recorded in the public records of Palm Beach County, Florida. This Agreement shall bind and inure to the benefit of the parties hereunder and their successors and assigns. IN WITNESS WHEREOF, this Agreement has been executed as of the day of , 1990. RICHARD A. DeWITT as Trustee of the Richard A. Dewitt Trust u/d/d April 9 1982 VILLAGE OF TEQUESTA By: Its: STATE OF FLORIDA COUNTY OF PALM BEACH On this day of , 1990, before me, the subscriber, personally appeared RICHARD A. DeWITT, to me personally known and known to me to be the same person described in and who executed the foregoing instrument, and he duly acknowledged to so that he executed the same. (SEAL) Notary Public, State of Florida At Large My commission expires: -2- l STATE OF FLORIDA COUNTY OF PALM BEACH On this day of , 1990, before me personally appeared to me personally known who, being by me duly sworn did depose and say that he resides in that he is the of the VILLAGE OF TEQUESTA, and that he signed his name thereto. (SEAL) Notary Public, State of Florida At Large My commission expires: 364 k -3- EXHIBIT "A" Commence at the Northwest corner of Section 36, Township 40 South, Range 42 East, thence bear South 00025112" West along the West line of said Section 36 (the West line of Section 36 is assumed to bear South 00025112" West and all other bearings shown hereon are relative thereto), a distance of 11.65 feet to the Point of Beginning; thence continue bearing south 00025112" West along the West line of said Section 36, a distance of 445.0 feet; thence bear North 70000145" East, a distance of 133.34 feet; thence bear North 30046124" East, a distance of 461.81 feet; thence bear North 89034148" West, a distance of 358.34 feet to the Point of Beginning. -4- 816 EXHIBIT "B" The Common Property is also known as "DeWitt Place" as shown on the Plat of Noit Gedacht. -S- 264 r- EXHIBIT "E" JECK HARRIS JONES & KAUFMAN Attorneys and Counselors at Law PMILIPPE C. JECK WILLIAM M. $HARPLE55 SUITE 400, REYNOLDS PLAZA ALAOREY HARRIS OF COUNSEL 1061 EAST INDIANTOWN ROAD GEOFFREY L. JONE$ JUPITER, FLORIDA 3,3477 J,.l E KAUFMAN 1407) 746-1002 1407) 2a3-50(>4 WARTIN COUNTY) {/� t ///��� TELECOPIER: 44071747-4113 1 �`CE) VED September 25, 1990 SEP f,9g0 Mr. Steven Kennedy BLL� ; Village of Tequesta Building Dept. �' Village Hall, Tequesta Drive Tequesta, Florida 33469 Re: Plat of Noit Gedacht Dear Mr. Kennedy: Pursuant to Ordinance No. 398 of the Village of Tequesta, Article III, Section 2, Subsection 4, I hereby certify that I have examined the title to the property of Noit Gedacht as of September 4, 1990; that I find that the title to the property to be vested to Richard A. DeWitt, as trustee of the Richard A. DeWitt Trust under Declaration dated April 9, 1982; that the current taxes have been paid; that the property is free of encumbrances and mortgages; and the property is found to contain restrictions that exist but do not affect the subdivision of the property. PJ/mem Very tr yours, . ly i� Philippe Jeck EXHIBIT "F" I A I GEE &JENSON September 11, 1990 Village of Tequesta - Building Department 357 Tequesta Drive Tequesta, FL 33458 Attn: Steve Kennedy Re: Noit Gedacht Subdivision Dear Steve: RECEIVED SEP 12 1990 BLDG. DEFT. We have reviewed the latest submittal by the Developer's engineer for Noit Gedacht Subdivision and find all the submittal letters in order with the exception of traffic circulation and recreation/ open space. The Village of Tequesta may notify Palm Beach County of the suitability of any project for traffic purposes with less than 500 trips per day generation. This project qualifies and as such would not have a significant impact on traffic levels of service on adjacent roadways. It is my understanding that the Village of Tequesta will internally handle the recreation/open space element for concurrency. With the inclusion of the latest drainage information and the modification of the drainage swale outfall construction, all of our comments have been addressed for this subdivision. Please call if you have any further questions in this matter. WRS:ce #89-257 Very trul yo C . R chard tauding , E. One Harvard Circle • West Palm Beach, Florida 33409-1923 • 407/683-3301 . FAX 407/686-7446 M ET WOENIAK 6 ASSOCIATES. INC CONSULTING CIVIL ENGINEERS 1340 U.S. HWY. M1 SUITE #104 JUPITER, FLORIDA 33469 (305) 747.5361 June 28, 1990 Re: Noit Gedacht Subdivision Tequesta, Florida CONCURRENCY CERTIFICATION EXHIBIT "G" TWO (2) PAGES 28450 FRANKLIN ROAD SOUTHFIELD, MICHIGAN 48034 (313) 352-8950 In our opinion the proposed development, Noit Gedacht Subdivision located in the Village of Tequesta, will not significantly reduce the level -of -service standards for any of the following infrastructure: 1) Traffic: The proposed three (3) lot development will generate the following vehicular traffic; Average Daily Trips = 10 trips/unit x 3 = 30 trips These trips will not reduce the level -of -service standard for the connecting roads, Shady Lane and Bayview Road. Tequesta Drive will not be significantly impacted. 2) Sanitary Sewer: As stated in the Palm Beach County Health Unit permit for construction of a wastewater collection system, the Loxahatchee River Environmental Control District treatment plant has sufficient capacity to provide service to the proposed development. The proposed collection system has capacity to serve the proposed three residential lots. 3) Drainage: A dry retention area is proposed to provide sufficient volume to maintain 95% of the 3 year frequency, 24 hour duration storm runoff, as required by the Village of Tequesta. The volume provided exceeds the volume required by the South Florida Water Management District for water quality retention. The proposed cul-de-sac, approximately 0.25 acres, will drain via grass swales to two existing catch basins. Since the existing catch basins are located near the outlet for the drainage system, the proposed runoff will have no significant effect on the existing drainage system. The peak 3 year, 24 hour runoff from the cul-de-sac will be approximately 1.3 cfs. page 2 4) Potable Water: As stated in the ?lam Beach County Health Unit permit to construct a public drinking water system, the Village of Tequesta Water Department has sufficient capacity to serve the proposed three lot subdivision. A proposed fire hydrant located at the end of the cul-de-sac will provide for fire protection. 5) Recreation: The Developer is to pay 4% of the assessed land value prior to obtaining approval for construction. The level -of -service is not reduced, since this money is to be used for future recreational facilities. 6) Solid Waste: Attached is a letter from Nichols Sanitation, stating that they will be able to provide service to the development and that the sanitary landfills have adequate available capacity. David H. Lewis FL P.E. 39551 0 FPL April 18, 1990 Hr. Gordon Ripma 10410 SE Terrapin P1 Tequesta,FL 33469 Dear Mr. Ripma, . EXHIBIT "H" FOUR (4) PAGES 100 Delaware Blvd Jupiter FL 33458 This is to confirm that FPL has sufficient capacity to provide electrica service to the above captioned property. This service will be furnished accordance with applicable rates and FPL practices. It will be necessary for FPL to be provided with the final site plan, sit survey and complete electrical load calculations (voltage requirements, ton A/C, motor hp, heat strips, main line switch, etc.) as soon as possible s that the necessary engineering can begin. Early contact with FPL is essential so that resources may be scheduled t ensure availability of service when certificate of occupance has bee received by this office from the authorized governmental department. Sincerely, Daniel J. Haywood Service Planner Ph. 575-6320 an FPL Group company Nichols Santtallon, Inc. a WMI Service Center P.O. Box 1085 7700 SE Bridge Rd. Hobe Sound. Florida 33475 1.800/824-8472 407/546-7700 6/22/90 Mr. Gordon Ripma for Richard DeWitt 10410 SE Terrapin Place Tequesta, F1. 33469 Re: Noit Gedacht Subdivision Dear Mr. Ripma: /Q A Waste Management Company Nei8 P > This letter shall serve to confirm our total serviceability of a newly proposed 3 lot subdivision notated above. Both the Palm Beach and Martin County Landfills have sufficient usable space to allow for this new propsed subdivision. e 6,jrOmr n Sales Manager -2- I, ® a WN SWAM Loxahatchee River Environmental Control District 2500 JUPITER PARK DRIVE • JUPITER, FLORIDA 33458.9961 TEL. (407) 747.5700 - ADM. 8 ENO. 0 (407) 747.5709 - OPERATIONS FAX (407) 747-9929 April 17,1990 Mr, Gordon Ripma 10410 S.E. Terrapin P1. Tequesta, Florida 33469 RE: Noit Gedacht subdivision Approximatly 2.8 Acres, Tequesta Dear Mr.Ripma; w � x u: x � r .T A. f fly r07 1 971 L7` RICNARO C OENT. II EXECUTIVE DIRECTOR This letter is provided in response to your recent inquiry concerning sewer service availability to the above referenced property. Please be advised that, as of this date, service can be made available to the property upon the joint execution of a Developer's Agreement and the payment of certain costs in accord- ance with District Rules. Copies of the Developers Agreement and Chapter- 31-10 F.A.C., are available for your review. consistent with District policy, the developer will be respon- sible 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, C �on R. eres tor of anning & Development -3- JOE ELLIS GEORGE GENTILE WM. "ED" HUFFMAN LORING E. "SNAG" HOLMES JERRY L. HOUGH BOARD MEMBER BOARD MEMBER CHAIRMAN BOARD MEMBER BOARD MEMBER VILLAGE OF TEQUESTA WATER DEPARTMENT Post Office Box 3474 • 357 Tequesta Drive Tequesta, Florida 33469-0474 • (407) 575-6230 April 23, 1990 Mr. Gordon Ripma 10410 SE Terrapin Place Jupiter, FL 33469 RE: Noit Gedacht Subdivision Dear Mr. Ripma: Pursuant to your recent inquiry relative to water service to the above referenced, please be advised as of this date water service is available to serve this property. Service will not be provided until proper applications have been completed along with the joint execution of our Standard Developer Agreement and payment for associated connection charges have been paid to the Village. Consistent with Village policy, the developer is responsible for all costs associated with connecting with the Village of Tequesta water system. Should you require any additional information on this matter please feel free to give us a call. Very truly ou s, Thomas C Hall Water System Manager TCH:gk cc: Scott D. Ladd, Building Official -4- EXHIBIT "I" South Florida Water Management District P.U. Box 246W % 33Ui Gun Club Road • West Palm Mach. FL 33416-4f& • (407) 686.8800 0 FL WATS 1.800.432.AW) Application No, 900330-11 Regulation Department CON 24-06-05 May 30, 1990 Tequesta Village Engineer P 0 Box 3273 Tequesta, FL 33458 Dear Sir: RF'E'N MAY 3 Subject: EXEMPTION NO,: 50-02307-S Owner: Richard DeWitt Project: NOIT GEDACHT SUBDIVISION Location: Shady Ln, Bayview Ct, Bayview Rd: Tequesta Palm Beach County, S36/T40S/R42E A request for Permit Exemption pursuant to Rule 40E-4.053, Florida Administrative Code (F.A.C.) has been received for the above referenced project. The owner has certified that all the conditions for the exemption have been or will be met upon construction; consequently the District will not be analyzing the surface water management system. It is therefore necessary that you consider this in your review of the project. Sincerely, rthony M. Waterhouse, P,E. Assistant Director Surface Water Management Division AMW:JMH:mrj cc: DER Palm Beach County Engineer Mr. David Lewis, P.E.; teimet-Wozniak & Associates (n) mrnlry Bc►a JAMCS F. Garner. Chairman • Fort Myer% Fritz Stein - Belle Glade Valerie aska. Executive Director Arson - Naples OorAn A. desorc Vice Chairman •Key Biscayne Mike Stout - Windermere James F Nall Fort Lauderdale Tltford C. Creel. John P. reDeputy Executive Director Arsenb Milian - Miami Ken Adams- West Palm Beach Charles W. Causey • Islamomda Thomas K.MacVicar, Dep uty Executive I)Ireckx STATE OF FLORIDA EXHIBIT "J" DISTRICT IX DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES APPLICANT: Mr. Gordon R. Ripna Authorized Agent Noit Gedacht Subdivision 10410 South East Terripin Place Tequesta, FL 33469 Dear Mr. Ripna: PERMIT NO: WM-204-90 UTILITY: Tequesta PROJECT: Noit Gedacht Subdivision This permit is issued under the provisions of Chapter 403, Florida .Statutes, Chapter 17-555, Florida Administrative Code and Palm Beach County Environmental Control Rule II. The above named applicant is hereby authorized to perform the work shown on the approved plan(s) attached hereto and made a part hereof and specifically described as follows: Construct a water distribution to serve three (3) residential units, located at -DeWitt Place and Bayview Road, Tequesta, FL. This permit is subject to the following provisos: Umesh Asrani, P.E. Assistant Director Division of Environmental Science and Engineering EXPIRATION DATE: 8/2/95 ISSUED THIS 2nd DAY OF August, 1990 cc: Project Engineer: David Lewis U t i l i t q: Tlanas Bradford PALM BEACH COUNTY PUBLIC HEALTH UNIT P.O. BOX 291 WEST PALM BEACH^ ,33402 808 MARTINEZ. GOVERNOR • GREGORY L COLER, SECRETARY W - ESE - 1/90 STATE OF FLORIDA EXHIBIT "K" DISTRICT IX DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES APPLICANT: Gordon R. Rigna Authorized Agent Richard A. DeWitt 10410 So. East Tarrapin Place Te4uesta, FL 33469 PERMIT NO: CS-146-90 Rei UTILITY: L.R.E.C.D. . PROJECT: Noit Gedacht Subdivision This permit is reissued in accordance with modified plans received 7/16/90. Dear Mr. Rilma: This permit is issued under the provisions of Palm Beach County Ordinance No. 89-14, Chapter 403, Florida Statutes and Chapter 17-600, Florida Administrative Code. The above named applicant is hereby authorized to perform the work shown on the approved plan(s) attached hereto and made a part hereof and specifically described as follows: Construct a wastewater collection system to serve three (3) residential units, located at DeWitt Place, south of Bayview Road, Tequesta, FL. This permit is subject to the following conditions: 1. It shall be the responsibility of the permittee to retain a professional engineer, registered in Florida, to observe that the construction is in accordance with the submitted plans. 2. An approval must be obtained from this agency prior to placing the sewerage system into operation; approval can be requested by submitting a completed D.E.R. Form #17-1.205(8) for "Domestic Wastewater Collection/Transmission Systems for Certification of Completion of Construction" together with a set of record drawings. EXPIRATION DATE: 6/6/95 cc: Dept. of Env. Regulation (1 Project Engineer: David H. U t i l i t y: Richard Dent U m e 9 h Aarani, P.E., Assistant Director Division of Environmental Science and Engineering ISSUED THIS 20th DAY OF July, 1990 apPl•) Lewis, P. E . PALM BEACH COUNTY PUBLIC HEALTH UNIT P.O. BOX 29, WEST PALM BEACH,FL,.,33402 808 MAMwEZ WdERNOR . 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