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Home My WebLink AboutDocumentation_Regular_Tab 06F_09/12/2002 M • 1N'TERO�FICE MEMORANDUM TO: MTCHAEL R. COUZZO, JR; VILLAGE MANAGER FROM: JEFFERY C. NEWELL, COMMUNITY DEVELOPMENT SUBJECT: RIVERSIDE OAKS AT TEQUESTA, FINAL PLAT .API�ROVAL DATE: 9/3/2002 CC: .............••••••............................._..........................._..--•--•.................................................................................................................................•.••.•••••.......•••............................... Sp�ax Group, Inc. has submitted final documents (declarations and final plat) for Village Council approval of the final plat. Spear Group (12iverside Oaks at Tedquesta) has elected under Article II, secrion (5), "Procedure following tentative approval of the final plat by the Village Council." Art. II, sec. (� (1): upon the finding of the Village Council that the subdivider has complied with the applicable state, county, and jTillage laws and the provisions of these regulations, and said council has given tentative approval to the final plat, the subdivider shall insrall all require improvements immediately or deposit either of following suretp alternatives. Art. II, sec. (5)(C�: estimates for the cost of said imgrovements shall be provided by fihe subdivider, which shall have been certified bp a licensed engineer, registered in the State of Florida Art. II, sec {5)(2): following; receipt of the surety deposit ar notification by the by the Village staff thax all improvements haue been i.nstalled, whichever, occurs first, the Village Council may give final approval to �e fina] plat and cause said plat to b� properly executed. The "tentative app�oval af final plat" £or Riverside Oaks at Tequesta occurred at the June 13, 2002, public hearing. The developer has since provided the Village of Tequesta with a letter of credit and the engineer's certification of the improvements. A review of the "Declarations" has been conducted by the Village Attos�ey and the Directox of Community Development and has been approved for content and legal form. A11 the necessaiy changes have been incorporated and confirmed. ,�ta�'l�e��sban.re The Village is in receipt of rhe letter of credir and the engineer's certified cost of improvements, staff concludes that all the deter�ninations for the approval have been satisfied. � � � � � i . , ;•. � ... . .. I . \� � �� f ,.�'\ � ,`� � �, M'�. ' /� �� J! �� ✓� '�ti./� a �, �. � DECLARATION OF COVENANTS AND RESTRICTIONS FOR RIVERSIDE OAKS AT TEQUESTA Prepared By and Return To: Arnold Straus, Jr., Esq. Straus & Eisier, P.A. 10081 Pines Boulevard, Suite C Pembroke Pines, Florida 33024 Telephone: (954) 431-2000 Facsimile: (954) 431-8999 DECLARATION OF COVENANTS AND RESTRICTIONS F(�R RIV RSID nAKS AT T CJUFSTA THIS DECLARATION is made this _ day of , 2002, by RfVERSIDE O�KS, LLC., a Fiorida 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. ARTIGLE I DEFINITIONS 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 at�ached hereto as Exhibit "B". B. "Assessments" — any assessment or other charge as described in this Declaration. C. °'Association" - RIVERSIDE OAKS 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 lirnited to surrounding walls, landscaped areas, entrance feature, the lak�, and dry retention areas. G. "Declaration" — this Declaration of Covenants and Restrictions, as amended. H. "Developer" — RIVERSIDE OAKS, LLC., a Florida corporation, its successors and assigns. The Developer may make partial or multiple assignments of its rights under 1 this Declaration. All such assignees shall be deemed to be the Developer as to those -rights, which may haue bee� assigned to ther�. 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 {nstitutionaf 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 Horr�e Loan Mortgage Cprporation, 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 generalty recognized as an institutional type lender. For definitional purposes only, an In�titutional Lender shall also mean the holder of any mortgage executed by or in favor of Developer, whether or not suct� holder would otherwise be considered an lnstitutional Lender. J. "Lot'° - any lot as shown on the Plat of RIVERSIDE OAKS, 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 �ntities, 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 he�eof. M. "Special Assessment" - A��essments levied in accordance with Article V, Section D of this Declaration. N. "SurFace W�ter" or "Stormwater Management System" or "Drainage 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. O. "The Village" or "Village of Tequesta" — The Vil{age of Tequesta 9oc�t�d in Palm Beach County, Florida. � ARTICLE II PROPERTY S�)BJECI° Tn THIS DFC:LARATION; ADDITInNS THERETO A. Leaal Descri tion. 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." B. Develo er's Ri�t tn Add Adclitinnal Pro�y ta or Withdraw Pro e��. 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 Dgclaration, 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 rnade and evidenced by filing in the Public Records of Palm Beach County, Florida, a Supplemental Declaration wi�h respect to the lands to be added. ARTICLE III RIVERSIDE OAKS HnM OWN RS A��O ,IATInN A. Membershin. Every person or entity who is a record owner of a fee or �ndivided fee interest in any Lot shall be a Member of the Association. B. V otin g Rigbts. The Association shall have two classes of voting membership: �;lass 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. Class g 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; rovided ha�ac�, that notwithstanding any provision to the contrary, the Developer shall have the right to elect the entire Board of Directors of the As�ociation until the first of the following events occurs: � (1) when ninety percent (90%) of Lots with Living Units constructed on th�m are conveyed to Owners; or (2) Five years after the first improved Lot has been conveyed to a Class a Me+x�ber. C. D-� -per'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. e D. Termination of the Association. In the event of dissolution of the Association, any Owr�er 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 COMMON ARFA A. Qiar 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; special surface paving, e.g. brick paver�, in the entrance way; drainage of Surface Water Management System, as required by the Village of Tequesta (except that The Village owns and will maintain the infrastructure, i.e. pipes and catch basins); street lighting fixtures, as 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), subject to any easements in favor of Palm Beach County; and other structures or areas owned or 4 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. The Association and the appropriate Lot Owner will hold harmless the Village of Tequesta for all damages incurred to any property maintained by the Village of Tequesta. Such assessments shall be against all Lots equally; provided, however, that the cost of any maintenance, repair or replacement c�used by the negligent conduct of a Member or by the failure of a Member to comply with the lawfully adopted rule� and regulations of the A�sociation shall be levied as a Special Assessment against such Member. No Owner may waive or otherwise escape liability for the assessments for such maintenance by non-use of the Common Areas or abandonment of -his �ight to use the Common �Areas. C. Develo erp , s Right to Common Areas. As long as Developer own� 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. Str . t i tina. 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. D�r Retention Area. Tracts C and D of Exhibit "D" are designated as Dry Retention Areas and perpetual drainage easements in favor of Palm Beach County for the drainage of Riverside Drive. It shall be the responsibility of the As�ociation to maintain these areas and to meet any and all specific requirements for maintenance to the extent they are addressed within site plan approval�, platting requirements and other agreements reached befinreen the Developer, The Village of Tequesta and/or Palm Beach County. F. Lak�.. The Lake (Tract B on Exhibit D) is dedicated for usage as a private lake for the Owners, their invitees and for Rood Landscape, Inc., only to the extent set forth in Article V, Paragraph K, below. If the Developer installs a pump or irrigation system in the Lake, the Association will be responsible for its operation and maintenance. No persor� 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 ar ordinances established by any government agency, drainage district or water management district with jurisdiction over the Lake. S G. Maint .nan .e of Re�id n.�. The maintenance of the residence and related improvement� constructed on the Lot shall be the complete maintenance responsibility of the Owner. H. Rules and Regulations. The Association, through its Bo�rd 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 Dgclaration. 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 a� 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 I'roperty for the benefit of the Association and its Members. ARTICLE V AS M NTS A. Easements_ Developer is establishing easements as set forth on Exhibit D. Additionally, Developer or the Association may be required by a govemment agency to grant an easement for access, ingress, egress, or public utilities. B. Qwn .r ' Fa� .m nt� of n;ov ment 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 #hese are easements or dedicated to the public. C. M�mb�r�' a�ements. 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 si�cty (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 af the Comrr�on Areas and all facilities at any time situated thereon. D. l�tilit� as m.nt�. 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 th� applicable provisions of this Declaration. A right and easement for utility services as originally installed by, or as modified in the future 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 ar correct any such utility service or services, or shall be liable to the owner of the utility for damages. 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 nqt be responsible to replace or repair any landscaping, fences, or structures 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. P�blic Easement�. 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. Fa�em _nt� for ncroa hm _nt. 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 nof 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 befinreen said adjacent Lots, as the case may be, along a line perpendicular to such boundary at such point; provided, however, in 7 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. Additoonal Ea�ement. 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 easement�, 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 �peration 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, and further provided that such relocation will be authorized by the public utility company involved. H. As�ociatian a� m.nt. 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 ner,essary 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 Praperty. The Association may require the individual Owner whose property abuts the privacy wall or fence to maintain hi� portion, failing which, the Association may levy a special assessment. J. Drainag Fac _m nt�. An easement for cross drainage of run-off water shalE exist over adjoining Lots. The easement created in this section shall be permanent, perpetual and exclusive to the Owners involved. K. � 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 R the Property, through Lots 18 and 19 as shown on Exhibit "D" and tying into the Association's underground drainage system. It shall be the responsibility of the Association to maintain these areas and to meet any and all specific requirements for maintenance to th� extent they are addressed within site plan approvals, platting requirements and other agreements reached between the Developer, the Village of Tequesta, Palm Beach County and/or Rood Landscape, Inc. The Owners of Lots 18 and 1 J shall allow access to Developer and Association, as required, for the maintenance of this easement. The Village shall be responsible for maintaining underground pipes, but the Owners of Lots 18 and 19 shall be responsible for repairing and maintaining the surface of the Lots, including lawn, iandscaping, and driveways. In the event the Association or property owner fails to maintain the Dry Detention Area in a manner satisfactory to The Village, The Village may p�rform the work necessary to properly maintain the area and thereafter bill the owner or the Association for costs related to said maintenance. In the event said costs are not reimbursed to The Village within thirty days after billing, then The Village may assess the Owner or the Association for the costs and proceed to file a lien against the property of the Oy�ner or the Associatavn. L. Easement to The Village_ The Association and all Members acknowledge that there will be a permanent easement for utilities and emergency ac�ess in favor of The Village of Tequesta across Lot 21. The Village shall be responsible for maintaining underground pipes but the Owner will be responsible for maintaining the surface of the Lot, including lawn, landscaping and driveway. It shall be the responsibility of the Owner of Lot 21 to maintain these areas and to meet any and all specific requirements for maintenance to the e�cctent they are addressed within site plan approvals, platting requirements and other agreements reached between the Developer, the Village of Tequesta, and/or Palm Beach County. The Owner of Lot 21 shall allow access to Developer, Association, Village, Police, Fire, and Public Utility Companies for the usage and maintenance of this easement. In the event the Association or property owner fails to maintain the Ea�ement to The Village in a manner satisfactory to The Village, The Village may perform the work necessary to properly maintain the area and thereafter bill the owner or the Association for costs related to said maintenance. In the event said costs are not reimbursed to The Village within thirty days after billing, then The Village may assess the Owner or the Association for the costs and proceed to file a lien against the property of the Owner or the Association. M. � Retention Area. The Association and all Members acknowledge that Tracts C and D on Exhibit "D" are reserved as Dry Retention Areas and perpetual draRnage easements in favor of Palm Beach County for drainage of Riverside Drive. It shall be the responsibility of the Association to maintain these area� and to meet any ar�d aN specific requirements for maintenance to the extent they are addressed within site plan approvals, platting requirements and other agreements reached befinreen the Developer, The Village of Tequesta and/or Palm Beach County. In the event the Association or property owner fails to maintain the Dry Retention Area in a manner satisfactory to The Village, The Village may perform the work necessary to properly maintain the area and thereafter bill the owner or the Association far costs related to said maintenance. In the event said costs are not � reimbursed to The Village within thirty days after billing, then The Village may assess the Owner or the Association for the costs and proceed to file a lien against the property of the Owner or the Association. N. I ift �tation. The Association and all Members acknowledge that there will be a permanent easement for a lift station on Lot 51. It shall be the responsibility of the Association to maintain these areas and to meet any and all specific requirements for maintenance to the extent they are addressed within site plan approvals, platting requirements and other agreements reached between the Developer, the Village of Tequesta, Palm Beach County and/or Loxahatchee River District, but the Owner will be responsible for maintaining the surFace of Lot 51, including lawn landscaping, and driveway, exclusive of the lift station easement. The Owner of Lot 51 shall allow acce�s to Developer, Village, Loxahatchee River District, and Association, as required, for the maintenance of this lift station easement and appurtenances thereto. In the event the Association or property owner fails to maintain the Lift Station and the Easement in a manner satisfactory to The Village, The Village may perform the work necessary to properly maintain the area and thereafter bill the owner or the Association for costs related to said maintenance. In the event said costs are not reimbursed to The Village within thirty days after billing, then The Village may assess the Owner or the Association for the costs and pro�eed to file a lien against the property of the Owner or the Association. O. Drainage S,�rS.�m. The Village of Tequesta shall have the right, but not the obligation, to maintain any portion of the drainage system, including the right to utilize for proper purposes any and all drainage easements, access easements and tracts associates with said Drainage System on the property. In the event the Association or property owner fails to maintain the Drainage System in a manner satisf�ctory to The Village, The Village may perform the work necessary to properly maintain the area and thereafter bill the owner or the Association for costs related to said maintenance, In the event said costs are not reimbursed to The Village within thirty days after billing, then The Village may assess the Owner or the Association for the costs and proceed to file a lien against the property of the Ovuner or the Association. P. (: _rtain Str� t�r .� Pmhibit .d. Neither the Owner nor the Association may install structures or landscaping in the areas or easements described in subparagraphs K, L, M, or N, which would prevent The Village from access or maintenance. In the event The Village repairs, removes, or replaces any equipment, structure, or property in any of these described areas, The Village shall not be responsible for repairing or replacing any landscaping. In the event the Association or property owner fails to maintain the area in a manner satisfactory to The Village, The Village may perform the work necessary to properly maintain the area and thereafter bill the owner or the Association for costs related to said maintenance. In the event said costs are not reimbursed to The Village within thirty days after billing, then The Village may assess the Owner or the Association for the costs and proceed to file a lien against the property of the Owner or the Association. 1n ARTICLE VI ARC:HITECTIJRAL (:(�NTRnL A. Architect�ral Control. As long as Developer owns � Lot, the Developer shall control the Architectural Review Board ("ARB"). B. Ar .hit t�ral R vi w Board. The ARB shall have the power to promulgate s4ch 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 m�mbers 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. Roof Tiles. Wood shake shingles shall not be installed on any roof or structure on any Lot. Notwithstanding the foregoing, all such approvals by the ARB are subject to the approval of the Village of Tequesta G.A.B. D. nwner to Obtain Annroval. 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 #he color of same. 11 E. 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 sha{I 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 �ame. Approval of any request shall not be unreasonably withheld, and �hall not be withheld in a discriminatory manner or in a manner which unreasonably prohibits the reasonable development of any Lot but may be withheld due to aesthetic considerations. Nofinrithstanding 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 ofi 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. F. No �iabi�. 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 speeifications are complete or do not contain defects, or in fact meet any standards, guidelines and/or criteria of the ARB or the Developer, or are in fact architeetural{y or aesthetically appropriate, or comply with any applicable governmental requirements, and the ARB or the Developer shafl not be liable for any deficiency, or any injury resulting from any deficiency, in such plans and specifications. C`,. 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 purpo�e�. 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. 17 AFtTICLE VII ASSOCIATION-- (;(�VENANT FnR IInAINT NAN(' AS� �50.� NTS A. C:reation of the Lien and P r�onal Obligation for the A� .�m _nt�. 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 expense� and 5pecial 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 � continuing li�n upon the Lot against which such Assessmenl 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 A�sessment 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 af Assess _nts. 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 Associatian for the Members of the Association and their families residing with them, and their guests and tenants, including, but not lirraited ta: (1) expenses of administration, insurance, maintenan��, repair or replacement of the Common Areas; (2) reasonable reserves deemed necessary by the Board of Directors for repair, repl�cement 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 C:ommenc .m .nt of �_n _ral A�_� m_ntG; D� _ Dat . The General Assessments shall commence on the recordation of this Declaration. Thereafter, the Board of Directors shall fix the date of commencerr�ent 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 instaliments, or as o4her°wise 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 ealendar year, but the amount of the General Assessrr�ent to be levied during any 1� period shorter than a full calendar year shal9 be in proportion to the number of months re�aining in such calendar year. D. Sn ial A� ��m _nts. A Special Assessment may be levied against one or more Lots for the following purposes: (1) specia! services to a specific unit or units which services ar� requested by the Owner thereof; (2) charges fior expenses of the Association which are not gener�l expenses but which are attributable to a specific unit or units and which are designated as a speci�l charge; {3) rei►�nbursement for damages caused by an Owner, Owners, their family members, guests, invitees or tenants; (4) capital irr�provements relating to the Comrnon Area; (5) late charges, user fees, fines and penaities; (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 th� amount and due date of any Special Asses�ment by resolution, which �esolution shall al�o set forth the Lot or Lots subject to such Assessment. E. R.�erv _s. The budget may reflect reserve funds for deferred rriaintenance and capital expenditures. F. Develo er Pavm _nt of A ��m .nts. 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 As�essments received from other Owners, including working capital and other income received by the Association. In no event shall Developer be required to fund reserve� allocated to any Lot owned by the Developer. Developer may, at any time, commenee 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`� 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. Developer's payment of Assessments may be by payment of funds, delivery of goods �r provi�ion of services to the Association, or any combination thereof. 14 G. Working. Canital Fund. Developer shall establish a Working Capital Fund for the initia! months of op�ration of the Association, which shall be collected by the Developer from each Lot purchaser at the time ofi conveyance of each Lot to such purchaser in an amount equal to three (3) months of the annual ��sessment for each Lot. Each Lot°s share of the Working Capital Fund shall be collected and transferred to the Association at the tirpe of closing of the sale of each Lot. Amounts paid into the fund are not to be considered as advance payrrient 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 Associatinn. H. RoctPr; Notic�T (: _r#ifi .at .. 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 certificat� 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 af payment of any Assessmerat to the Association therein stated to have been paid. !. �:ollection of A�� _��mPnt EfFect of Nan Paym _nt of A�s ��m _nt�; Th� Personal nbligation of the Owner; Th�P��n,� R_ di � af th _ A��o .iation. If �ny Assessment is not paid within ten (10) days after the due date, the Association �hall hav� 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 allowabfe by law from the due date until paid. Ifi there is no due date applicable to any particular Assessment, then the Assessment shall be due ten (10) days after written demand by the Assaciation. If any Owner is in default in the paym�nt of any A�sessment 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 ta 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 4wner shall continue to be {iabfe for any increases in the regular Assessments, for all special Assessments, and/or for all ather 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 cantinuing lien on the property which shall bind such property in th� 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 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 A�sessrnents 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. 15 The Association may bring an action at law against the Owner personally obligated ta pay the same or m�y record a claim of lien against the property on which fihe Assessment and late fees are unpaid, or may foreclose the lien against the property c�n which the Assessment and late fee are unpaid, in like manner as a for�closure of a martgage 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 af such Assessment and late fee, attomey's fees and costs of preparing and filing the claim of iien and the complaint in such aGtion, 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 b� fixed by the court together with the costs of the action, and the Assaciation shall be entitled t� attorney's fees in cannectian 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 P-roperties. J. Subordination �f the iPn to Fir�t Mortg��. The lien of Assessments, including interest, late charges (subject t� 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 th� limitation of Florida laws), and co�t� (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 iien of such Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot or parcei 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 a�signs 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 Assessm�nts 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 forecl�sure) 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 prior to the acquisitio� of title to the Properties, or portion thereof, by such acquirer. Such unpaid Assessments shall be deerr�ed to be an Asses�ment 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. 1F K. Exemnt Pro The Board of Direetors shall have the right to exempt property subject to this D ce laration from the As�essments, charges and liens created herein if such property is u�ed (and as long as it i� 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 defned in Article I hereof. (3) All Properties exempt from ad valorem taxation by the laws of the State of Florida, to the e�ctent agreed to by the Association. L. I iPn in favor af Th _ villaa�. As described in Article V above, should The Village incur any maint�nance costs on any Lot, The Village may a�sess the property owner for the costs and in the event said costs are not paid within a period of time deerried reasonable by `fhe Village, The lOillage may file a lien against the property. ARTICLE VIII � N RA R STRI[:TIV (:O�eFt�AI�T� A. A� licabilitv. The provisions of thi� Article shall be applicable tc� all Lots �itua#ed within the Properties. B. 1 and ll�P. No Lot shall be ussd except for residential purposes. Temp�rary uses for model homes, parking lots, construction trailer, construction storage areas and/or sales offices shall be permitted for the Developer. C. C:hange in F3 ,ilding�. No Owner shall make or permit any structural modification or alteration of any building except as per Articfe 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 I�ndscaped Lot. Notwithstanding the foregoing, no structural modification shall be made if it violates the building or zoning regulations of the Village of Tequesta. D. Buildin� t�.�tion. Buildings shall be located in conformance with the Zoning Codes of the Village of Tequesta and any specific zoning approvals thereunder, or as orig- inally constructed on a Lot by D�veloper or its su�cessor or assignee. Whenever a 17 varia�ace 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 ar�d any future variance of special exception as to building location or other item shall constitute an amendment of this Section. E. and a ing nf a� _m .nt�. In �ddition to the easements reserved herein, �asements 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 �r other mat�rial may be placed or permitted to remain that will interFere with vehicular traffic or prevent maintenance of utilities. Public utility companies servicing the Properti�s and the Association, and their successors and a�signs, shall have a perpetual easement for the installation and rr�aintenance of water lines, sprinkler line�, sanitary sewers, storm drains, gas lines, electric and telephone lines, cables and conduits, including television cables and eonduit� and such other installations as may be required or neces�ary to provide maintenance and utility services to the Lots ar►d/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 �aused the damage. All utilities within the subdivisions, whether ir� streets, right�-ofi way or utility easements, shall be installed and maintained urrderground, if possible, provided, however, that contr�l panels and concrete slabs at grade for utilities may be instaBled and maintained above ground. F. N,i an .�s. 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 shail 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 grawths 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 b� 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 on raN� �.t �r .�. No structure of a temporary ch�racter, or trailer, tent, mobiie 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 1R cc�nstructior�. lVotwithstanding the foregoing, h�wever, the Deve(oper and the Association must comply with all �rdinances of The Village. H. Sign�. 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. Natwithstanding the foregoing, this Section shall not apply to the Developer for as long as it holds title to any portion of the Properties. Additionally, fhe Developer or Assaciation may erect on the Common Areas an entrance sign indicating the name of the community, typical street signs, and traffic signs. I. �il and Minin� �neratinr,s. 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 far use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the land subject to#hese restrictions. J. Animal� and P_tG. 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 becorne 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 hav� excrements upon the Common Areas provided that the Owner shall immediately remove such excrement from the �ommon 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 re�ponsible, and by virtue of ovvnership, assumes responsibility for any damage to persons or property caused by hi� pet(s). (4) Any pet whose owner violates the provisions and intent of thes� rules shall be deemed a nuisance and subject to removal in accordance with the provisions of thi� Declaration. 1A K. Visibilit� at Int _r� .r.tinn�. No obstruction to visibility at street intersections shall be permitted. L. Comm r.ial Tr � ks Tr_ ail�, ('amn rs an�i Rnat�. �O Comol�ler'Cial trucks or' cc�mmercial vehicles, c�mpers, 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 "comm�rcial vehicle" sf�all include all automobiles, trucks and vehicular equipment, including station wagons, which bear signs or �hall 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 comrnercial vehicles, such as for pick-up, d�livery, �ar�d othe� commercial services. M. F•� No fence, wafl or other structure shall be erected in the front yard, back yard, or side yard except as originally installed by Developer or its assigne�, or approved under Articie VI. N. Garbage and Tra�h Di��,ai. 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 f�r 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 �upplied or approved by the garbage collecting authority. O. �ing�. No absolute prohibition of outside clotheslines or drying areas shall be per-mitted. P. Cas Coratainer�. No gas tank, gas container, or gas cylinder (except those placed by the Developer or approved by the ARB in connection with the in�tallation of swimming pools and/or permanent barbecues, and except those used for porkable 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 pl�ced 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 plac�d 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 �nd property located adjacent to the Lot. Q. C�mm mi .ation ,�i m_nt. Except as m�y be installed by the Developer or as may be permitted by the ARB, no antennas, satellite dishes, aerial�, or lines, wir�s or �n other devices fior communication or transmission of current shall be placed on any portion of tl�e Properties. In no event, however, shall line� or enrires for communication or the transmission of current be constructed placed, or permitted to be placed within the Common Areas unles� the same shall be installed by the Association for the common use of all Merrabers, 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 thi� Section shall.be pFOtected cable and shall only be installed underground. R. ro �n ��ir�nt. Any piat or replat �f the Properties subject to this Declarativn must conform with the master plan as approved by Village of Tequesta, Palm Beach County as well as the app�icable site plans as approved by any Site Plan Review Corzar�itt�es. S. . R!o change in any drainage pattern af 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 cau�e 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 wiil retain water during certain storm periods tha# rrtay extend for � period af tirne beyond the engineer's design estimate. T. L�asing. No lease may be made for less than a six (�) month period, nor shall a Lot be leased more than two (2) times during any twe{ve (12) month period. Each Owner shall be responsible for the acts and omissions, whether negligent or willful, ofi 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 As�ociation, the Owner shall be assessed for same as in the case of any other Assessment, limited where applicable to the e�ctent 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 o► 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 shalf materially violate any provision of thi� 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 th� Association, such person shal! be required to immediately leave the Propertie� and if such person does not do so, the Association is authorized to comr�nence 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 71 any such action, including attorneys' fees, may be assessed against the appiicable Owner, and the Association may collect such Assessment and have a lien for same as elsewhere provided. The foregoing shall be in additi�n to any other remedy of the Association. ARTICLE IX INSl1RANCF AND CA�l1A TY nS� � A. Insurance. The Association's Board of Dir�ctors, or its duBy 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 insurancs policy providing fire and extended coverage shall be obtained. This insurance shall be in an amount sufficient to cover one hundred (100%) percent of fihe 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 reasanably available, and a Five Hundred Thousand ($500,000.00) Dollar minimum property damage limit. Premiums for all insurance on th� Gommon Area� shail 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 responsibls for the repair in the absence of insurance and in the event of multiple parties shall be allocated in relation to the amount each party'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 Dire�tors shall be written in the name of the Association as Trustee for the respective benefitted p�rties, as further identified in (b) below. Such insurance shall be governed by the provisior�s hereinafter set forth: (1) All policies shail be written with a company licensed to do bu�iness in Florida which holds a Best's rating of A or better and i� assigned a financial size category of �� XI or larger as established by A. M. Best Company, Inc., if reasonably available, or, if no# available, the most nearly equivalent rating. (2) All policies an the Comrr�on Areas shall be for the benefit of the Ovw��rs and their IUlo�tgagees as their intere�ts r�ay appear. (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 preal�ibited from participating irt the s�ttlement n�go�iations, if any, related theretc�. (4) In no event shall the insurance coverage obtairred and maintained by the Association's Board of Dir�ctors hereunder be brought into cantribution with insuran� purchased by individual Owners, occupants, or their mortgagees. (5) All casualty in�urance policies shall have an inflation guard endorsement, if reasonably available, and an agreed amo�nt endorsement with an annual review by one or more qualified persons, at least one of whom must be in the real estate industr��and familiar with construction in the Ralm 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 in�urer as to any claims against the Association's Board of Directors, its manager, the Ovvners, and their respective tenants, servants, agents, and guests; ii. a waiver by the insurer of its rights to repair, and recons#ruct, instead of paying cash; iii. that no policy may be canceled, invalidated or suspe�ded on account of any one or more indiuidual Owners; iv. that no policy may be canceled, invalidated, or suspended on account of the conduct of any Direct�r, officer, or employee of the Asso�iation or its duly authorized manager without prior demand in writing delivered to the Associati�n to cure the defect and the allowance of a reasonable time thereafter withira which the defect may be cured by the As�ociation, its manager, any Owner, or mortgagee; v. that any "other insurance°' clause in any policy exclude individ�af Oyvners° poli�ies from consideration; and vi. that no policy may be canceled or substantially rnodified without at least ten (10) days° prior written noti�e to the As�ociatio�. �'� (7) The Association's Board of Directors may, in their discretion, obtain such other types of insur�nce for the Associatoon 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 ar 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 re�erves 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 In� �ran .�. 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 ►�nay d�cid� not to rebuild or to reconstruct, in which case the Owner shall clear the Lot of all debris and returri 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 Pro ._Peis. 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 a� hereinafter provided. Any proceeds remaining after defraying such costs of r�pairs or reconstruction to the Comrnon Areas or, in the event no repair or reconstr�action is made, after making such settlement as is necessary and appropriate with the aff�cted O�vner 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 � covenant for the benefit of ar�y mortgagee of a Unit and may be enforced by such mortgagee. D. Damag� and D. tr � tic�n_ �d (1) Immediately after the damage or des#ruction by fire or ofiher casualty 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, shal! 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 reeonstruction of the damaged or destroyed Properties. Repair or reconstruction, as used in this paragraph, means repairing or restoring the Properties to substantialRy the same condition in which they existed prior to the fire �or o�her casualty. (2) Any dartlage or de�truction to the Common Ar�as 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 re,ason either the amount of the insurance proceeds #o 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 rnade available ta� the Association within said period, then the period shall be e�ctended until such information shall be made available; provided, however, such ext�nsion shall not exceed si�cty (60) days. No mortgagee shall have the right to participate in the determination of wt fihe Common Areas damage or destruction shall be repaired or reconstructed. E. Renair and R..nn�tructic�n. If the damage or destruction to the C�mmon 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 s�me 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. ARTICLE X D V OP R'S RIGHTS A. Sal c A.tivitT. Noiwithstanding any provision herein to the contrary, unti9 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 Devefoper. The Developers (or its du{y 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, �r�d/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 determin�s. Each Lot and the Common Area is hereby subjected to an easement far the purposes set forth herein. �. . i# 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 cons�nt of any Owner or mortgagee holding a mortgage on arty Lot. C. Utili and C:an tr �.tinn Pa�ments and/or De o�its. Irl the event a utility cqmpany 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 Develaper (and not the Association) shall be entitled to receipt of the refunded funds. In additi�n, should construetion payrr�ents ►nade by the Developer be refunded by a utility company or gqvernmental authority at some time in the future, then the Developer (and not the Association) shall be entitled to receipt of the refunded funds or th� Association shall reimbur�e 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. AGSignmPnt of D�v�lo � "r Ri gh�t�. The Developer shall have the right to assign to any other person or entity any or all of the Developer's rights reserved in thi� 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 Properties or any portion thereof by foreclosure or deed in I�eu 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 to a subsequent purchas�r, regardless of whether or not the Developer°s rights were assumed by the lender. E. Develo er nraval of Board A�tion. In th� event the Developer rto 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 actiorr shall be deemed approved. �� ARTICLE )CI MORTGAC S° RICHTS The foi{owing provisions are for the benefiit ofi holders, insurers, or guarantors of fir�t mor�gages on Lots-in the Prop�rties. A. Notices of Ac:tion. An institutional holder, insurer or guarantor of a first mortgage, who provides wri#ten request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the unit nurnber), therefore becorning a� "�ligible holder"), will be �ntitled to timely vvritten notice of: (1) any condemnation loss or any casualty loss which affects a rnaterial po�tion af 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 assessm�nts or charges owed by an �wner of a Lot subjeet to the mortgage of such eligible holder, insurer, or guarantor, where such delinquency has continued for a period of sixty (60) days; provided, however, nofinrithstanding 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 obtigation under the Declaration or Bylaws of the Association which is not cured within sixty (60) days; (3) any lapse, cancellatiort, or material modific>ation of any insurance policy or fidelity bond mainfiained by the Association; or (4) any proposed action which would require the r.onsent �f a�pecified p�rcer��age of eligible holders. B. N°_ Pri�r+t�. No provision of this Declaration or the By-Law� gives c�r shall b� con�trued 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. C. Notice to Association. Upon request, each Owner sha{I be �bligated to furnish to the Association the name and address of the holder of any mortgage encumbering such Owner's Lot. D, A� li abilit�C of Article X. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaratic�n, By- Laws, or Florida law fior any of the acts set out in this Article. �7 E. Failure of Mortgaa __ t�P��ond Any Mortgagee who receives a written request from the Board to respond to ar 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 G N RA PR[)VISI�N� A. T2�tatiotl. The covenants and restrictions of this Declaration sh�ll 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 Lat subject to this Declaration, and their assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which tirrie 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 af 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 restrictiores in whole or in part. B. �LQti�. Any notice required to be sent to any Owner under the provi�ions of this Declaration sh�ll 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 Assaciation at the time of such mailing. C. Fnfor .Pm nt. Enforcement of these covenants and restrietions 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 rules and regulations of the Association. Any rufe or regulation subjecting ar�y Owner 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 �pon the Owner's Lot. D. �eve_____rab�i�l�itv. Invalidation of any one of these covenants or restrictians by judgment or court order shall in no vvay affect any other provisions which shall remain in full force and effect. 7R 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 affirrnative vote or written cons�nt, or any combination thereof, of nllembers representing seventy five (75%) percent of the total votes of the Assaciation, including seventy-five (75%) percent of IVlembers other than the Developer. Every amendment must have the written joinder and cor�sent 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 clau�e. Any amendment rnust be recorded in the Public Records of Pa6m Beach County, Florida. No amendment may prejudice or impair the priorities of Institutional L�nders granted hereunder unless all Institutional Lenders join in the executior� of the amendment. No amendment shatl 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, Develaper, unless Developer joins in the execution of the amendment. Any amendment proposed to these documents which would affect the Surface Water Management Systern, conservation areas or water management portions of the common areas will be submitted to the District for a determination of whether the amendment necessitates a modification of the South Florida Water iUlanagement District permit. 1f a modification is necessary, the District will so advise the permittee. IVotwithstanding the foregoing, however, no covenant in this Declaration may be amended if it runs in favor of The Village, without approval of The Village. All covenants in this Declaration which run in favor of The Viflage shall survive the amendment or termination of this Declaration. F. Liiigatian. No judicial or administrative proceeding shall be cornmenced 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) �ctions brough# 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 valarem taxation, or (d) counterclaims brought by the Association in proceedings instituted against it. This section shall not be ao�ended unless such amendment is made by the Developer or is approved by the percentage votes, and pursuant ta the same procedures, necessary to institut� proceedings as provided above. G. The South Florida Water Management District has the right to take enforcement action, including a civil action for injunction and penalties against the association to compel it to correct any outstanding problems with the surFace water management system facilitates or in mitigation or conservation areas under the responsibility or control of the association. �� H. Fff _ tiv _ Dat . This Declaration shall become effective upor� its recordation in the Palm Beach County Public Records. Signed, sealed and delivered RIVERSIDE Of1KS, LLC., in fihe presence of: a Florida corporation By: DAi/iD SPEAR, Member [Corporate Seal] STATE �F FLORIDA j SS: COUNTY OF PALM �EACH j The foregoing instrument was acknowledged before me, this � day of , 2Q02, by DAVID SPEAR, a� Member of RIVERSIDE OAlCS, LLC., a Florida limited liability company, on behalf of the company. Notary Public My Camrnission Expires: '�n JC)INDER �Y RIVFRSIDE C�AK4 HnM nln�I� RS ASSC) IAl'I(�M� 11�, RIVERSIDE OAKS FiOMEOWNERS ASS�CIATION INC. a Florida not for-profit corporation, hereby joins in this Declaration, and agrees to be bound by the covenants, restrictions, easements, charge�, and liens set forth herein, for itself, its successors, and its Members. Signed, sealed and delivered RIVERSIDE OAKS HOMEOWNERS ASSOCIATION, INC. in the presence of: a Florida corporation By: DAVID SPEAR, Vice President [Corporate Seal] ST�lTE OF FLORIDA ) SS: COl1Nl O� PALM BEACH ) The foregoing instrument was acknowledged before me, this _ day of , 2002, by DAVID SPEAR, as Vice President of RIVERSIDE OAKS HOMEOVI/NERS ASSOCIATION IN�. � Floridacorporation, on b�half of the corporation. Notary Public My Commission Expires: �1 JOiNDER O� MORTGACEE '�� EXHIBIT "A" TO DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS FO�t RIVERSIDE OAKS AT TEQIJESTA Property Subject to Declaration RIVERS9DE C�AKS, said lands being a Parcel of 6and 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, k.eing more particularly described as follows: Begin at the Northwest corner of the Northwest quarter of said Section 25; thence North 89°43'S8" 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 WENDIMEF2E 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 Recards 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 00°� 7'06°' East along said East line of Lat 3, `�� 125.00 feet to the intersection with the South line of Lot 2 of said Plat of RIVER CREST; thence North 89°42'S4°' East along said South line of said Lot 2 and Lot 1, 200.00 feet to the inters�ction 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 �each Gounty, Florida; thence North 00°28'07" West along said West line, 524.95 feet tt� the intersectio►� with the North line of said Plat of TEQIJESTA PINES; thence South 89°57°25°' East along said North line, 420.02 feet to the intersection with the West line of the Pl�t of CHAPEL COURT, SECTION II, a� recorded in Plat �ook 47, at Pages 196 and 197, of the Public Records of Palm Beach County, Florida; thence N�rth 00°28'07" West along said West line of CHAPEL COURT, SECTION II, and its Northerly e�ension, 779.63 feet; th�nce North 89°57'25" West, 700.03 feet to the POINT OF BEC7INNING. '�4 EXHIBIT °°B" TO DECLARATI�N OF RESTRICTIONS AND PROTECTIVE COVENANTS FOR RIVERSIDE OAKS AT TEQUESTA Articles of Incorpor�tion '�� EXHIBIT °"C" TO DECLARATI�N OF RESTRlCTIONS AND PFdOTEC°fIVE COVENANI°S FOR RIVERSIDE OAKS �1T TEQl1ESTA Bylaws �� EXHIBIT "D" TO DECLARATION OF RESTRICTIONS AND PROTE�TIVE COVEIVANTS FOR RIVERSIDE OAKS AT T'EQIJESTA PLAT TO BE ATTACHED �� Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. ` . .,.�'" .. +�":,""� \ ' �� . �� ,. ' :. 1' , . ;. ... '� , N , �„w �� :, ; ! ' : • O „ ,, !, .; " ,,,. . �r : ; ;, , ..: , : l `� < : f � :;, ,--�''" � 1 , �j►� o \ �,., , . .: ; . : . .Y. . .� ��, ��. 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O e ��o H �w illow y P 0 Rd �.•,. ��,�; >� � m �► -� 9 30 NT .. �. � tree Cir � � R � .,'' !,, f 'S+� ' ci ' � o T 14 �,,,� �� WOOCI IA2AL A � �,�. � r �.....,:` • ,�, Ave Cir I c R �� r -� � . �amellia o T sta �.. 30 ! 5 0 30 60 9Q �' d .. n titution � �1+�� y > R �° ■ ■ �� O oppes . ;. GAAPH / C�SCALE � l N FEET Y—a Rd � �� G�� a E �,V terwa R �� 1 30 � o TEQUESTA �'�g p 9 st Corai t ��Be �� ,� g �n' a o� v �R d°,c Brid e Rd � P P' '� \ � ,e d Q H �� ei h Rd$co v .+ .. '��- :, 1 Y `-� � � � � '� � N N 7 T NE � � � .^, LOGA T I ON MAP � : � BLOCK 3 o -- . ..- '�' o ;.:�: .::: o �;. ;:.:::: . LEGAL DESCR I PT 14N LOTS i, 2, 3, 4, 5, 6 AND 7, BLOCK 3, JUP I TER HE I GHTS N TH T ACCORDI G TO E P At HER OF N FI IN TH F LOT 2 4 L E 0 LE E OF ICE F TH F T I � H R IT T IN F E CLERK 0 E C CU COUR AND OR PALM BEACH COUNTY F ORI A A R IN P A - L D. ECO DED L T BOOK 23 PA � T ' T E N I H A P F 4 GE 69, OG ER W T ARCEL 0 LAND 0 FEET�IN I TH W M A E F M A T T T AN D E R D RO S 0 4 F T SU E WES D 0 E IN NC. R I V . i E CO D E NGTH M R F M N TH TH LE A ED R R T U N IMM AT ESU 0 0 OSO L 1 G l EY M N T Y ED L ENCROACN E w 5T OF A�l�J A�JAC�NT TO LOTS 1 TQ 7� I N L` i W , E CL S E BLOCK 3 7 . . . _ r i r� r t �s ,. l - 3 7 H I HT t�t�. D i i�i P AT P JUP ER E v S RECu E L 800K 23 A� "� . t d ':`'":::`: _".::::�'::!> . :� .� AS ABANDONED BY THE COMMISSIONERS OF PALM�BEACH -7 - N NTY BY RESOLUTION R 6 1004 A 0 RE R IN COU CO DEd FFICIAL RECORD BOOK 2608 PAGE 1709 P B I 0 U L C A F P M A H NT F I� I RECORDS 0 L BE C COU Y LOR DA WH CH WA TH , . S E M I HT- F- A H H A F R R R 0 W Y F U S. I W Y N S W A 0 E G 0 . G 0 E. CB LL . 7 T W <::::`::`:�` :;:':'.:: : '::s';;>:>::. i. ES ;<':�>'":.`". _:::::`::;!::;:. FOUND .9. .r,. �-: :;:::;. ' �: ::::.:: ::: :;::>: ::;. ;: ;::;::Q.:..::>:, . >, ;> ::::.>:t:....:::::.::,:::.:::::?f� . . I R N ROD ..,1,�... P T H 1 LOT 13 BLOCK 3 JU I ER E GHTS ACC R IN T ; :::; O . . 0 D G 0 ;: <::::>::4::: :: � : ::: :: ::::. <;:<:: ::> ... P A R F FI IN TH T TH EO N TH OFFI F T E L E 0 LE H K E CEO EC R .....: ::..:. ;:>::; '� : :. ::::: ::: >.::::; : ::::<>:::: :::::�: LE :...,. <...::: ..:::::<::;:::_::::::::::>::>:: ":::;;::::.:;.: ", ":::'':: ::::::::::::::,a :.:.:.:::.::::::.:: -;_::::::::. ::::.::;<> '"' `""r ''""' OF THE C i RCU 1 T COURT 1 N AND FOR PALM BEACH COUNTY ::.;;:::;-;:.:: . :<;;:.; . -:::.>:;: ;:_:: _:<.;::::._:: :;:;:...::::.. ::: <.: ., :, < :.: ::::.:.::.:;:::... � ��' ,: ., �,,, ..�-^�"'"� FLOR I OA, RECORDED I N PLAT BOOK 23, PAGE 69. ' : ` ' :: ,,: :-�"""�+;, ... � �� .::>:.. ..: .,,..,�-�" ». . . , "` LOT 25. BLOCK 3, JUPITER HiEGHTS, ACCORIDING TO THE ..• i. ' RLAT THEREOF OPI F{LE 1Pt THE OFFICE OF TNE CLERK OF THE �� `, I T T I N AN F R PA M A H TY F :> ::::: < ��::::::,::;>;.:`::::;,:;::;: �:;;,:s;:':�.r;`.i:..:;`.�::�', ;.::::x ... CIRCU COUR D 0 L BE C COUN , LORIDA, flECORDED IN PLAT 800K 23. PAGE 69. SUBJECT TO RIGHT-QF-WAY F V AM I T PH AN T I A OR F R AN N AAPH M AN N 0 E C ELE 0 E D ELE P Y '>� ::: � G CO <:<';:. ;ii�::::`:,;;"::::: :;;::<>� ::::: ::<:: : :. .;... �� AS RECORDED IN DEED BOOK 812. PAGE 50, PUBLIC RECORDS ' '' "' OF PAI.M BEACH COUNTY, FLOR I DA. SURVEY�R' S �1C1 TES: � i) UTILITIES SHOWN HEREON ARE VISIBLE ABOVE GROUND FEATURES. THEREFORE. ADDITIONAL 5UB-SURFACE UTILITIES OR STRUCTURES MAY EXIST. 2l PROPERTY CONTAINS 28800 SQUARE FEET, MORE OR LESS. 3) NO TITLE POLICY OR COMMITMENT AFFECTlNG TITLE OR BOUNDARY TO THE SUBJECT PROPERTY HAS BEEN PROVIDED. IT 1S POSSIBLE THERE ARE DEEDS ANO EASEMENTS, RECOf�DED OR UNRECORDED. WHICH COULD AFFECT THIS SURVEY AND BOUNDARIES. 4) NO RESPONSIBILITY {S ASSUMED BY THIS SURVEY FOR THE CONSTRUCTiON OF IMPROVEMENTS, FROM BUILDING TIES AND DEt�INSIONS SHOWN HEREON. DRAWING REVISIONS: SURVEY 29 OCTOBER 85, UPDATE 24 DECEMBER 97, (INTER-OFFICE USE ONLY) TYPE OF SURVEY: BOUNDARY L�AI L,�'�' SCALE: i" - 30' ELEVAT I ON DATUM: N. G. V. D. 1929 AND ASSOCIATES, INC DRAWN BY: M. NOTT i NGHAM SURVEY { NG & MAPP ( NG F I ELD BOOK ATT. TO NORK F�OOD ZONE , C � �2O �O�Z Q � Q� ej i 12 N. U. S. H I GHWAY No. i F I ELD BOOK i40l77 TEOUESTA, FLQRIDA 33469 BAS I S OF BEAA ! NG: ANGLES PHONE: ( 56i) 746-8424 JOB No. �5 426 1