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HomeMy WebLinkAboutDocumentation_Regular_Tab 06A_08/30/1994 �� . • , � �� VILLAGE OF TEQUESTA - DEPARTMEI�iT OF CON�VIUNITY DEVELOPMEIVT � Post Office Box 3273 • 357 Tequesta Drive ;^ o � Teqnesta, Florida 33469-0273 •(40� 575-6220 •�, 4 � Fax: (407) 575-6203 � COtrN MEMC+RAEdI?C7M: Tt�; JQann Manganiello, Actinq Viliags Manager F'PE7M: ��att D. Ladd, auilding Off icial ,i��� ..�'"� I?ATE; August 19. 1'�94 SUBJECT: Sketch Plan Rev,isw for "Goconut Gave" Fr�gvs�d 13 Lat R�sidential �ubdi�isiQn East c�f �hsuron and Sc�uth Qf Watsrwa� ViZlage JQann, atta�hed are sights$n sets a�f gackets for ths above subaeGt pro�r�t fgr revisw by the Viila�s G�un�ii. �ketch pian re�iew is the f irst �f th+a r��t�ired re�iews fQr ths dsvslvgment of a subaivisivn. The aggiicant is Gvrdan Ripma. Pr�sir_lent vf Florida Trend De�elc►gmsnt t�s�rp. Thsre are initial re�isw l�ttsrs frvm four Village Dsgartments and five autside ag+encies. Alsv atta�hed is a s+et +af pr�p�as�d De�Iarat ivn of t'vuenaats. �vndit ions and Restrictivns for ^�vavn�at C�ve". Thsrs is also a survs� c�f a special� a�css� riQht—�f —wa�r that is to be deeded frvm Ghevron to "�o�c�nut ���s^ in ardsr tv gravids far bettsr access Off Gc��*e Road int� the gr�gossd subdi�ision. Final.l�, there is a full grogsrtv sur�ey an+3 tw� �k$tch glans attached tc sach gackst. Th$ aggi i�cant has sul�mitted two �$rs ions �af grQpvsed s�bdi�is ic►n layQ�ats, a 13 1Qt version and an 11 lat v�rsion. The agplicant has aggl ied f vr the 13 l��t v�rs ion but has a ba�kug �srs ic+n f Qr discx�ssion gurpvs+as. Plsase glacs this application fQr sketch plan revisw on the agenda f or the Au�rust 3�. 14'�� Gv►an� i l mest inQ. Thanks. SD�L: a mm Attch, Recycled Paper �- cg'1! 9 VILLAGE OF TEOUESTA � _ � 3�� APPLICATION FOR SUBDIVISION REVIEW � � �1tJ ! NAME OF APPL I CANT: ��iF'/QQ TT��,/!�Q �� ��p�j0 DATE: MAI L I NG ADDRESS: Z�D� �� /4/��D�/ �. ��� �� ,,3��� PHONE NUMBER: < HOME) ��7� 77�Z t BUSINESS) � d7� Z�lo'�Z�� LOT/ PARCEL ADDRESS: _ Z�-S� G,S�/ �Q(,/�"$'� . ' �f • �3� .. PROPERTY CONTROL NUMBER: �� "�' �' j�� 3O OQ �D� �Q �� DESCRIPTION OF PROPOSED SUBDIVISION: � � • /3 ,�� r 5���'G� ��1vLr �� ��B�ic/�s��� /(��}/�J� -' ���D�'��GlT �'DlJ� ' - ��'�"�T /�'I ��� - G'OC'o/l�G/�' ��itJ,� � That part, lying east of U.S. Highway #1, of the South 150 feet of Govemment Lot #4, in Se�tion 30, Township 40 South. Range 43 East, Paim Beach County� Florida, (ess the West � 291 feet (as measured along the North and South Cnes). 3ubject to rights of ways and ��- - easements of record. _ _ N�TE: APPLICANT SHALL INCLUDE THE FOLLOWING WITH�THTs APPLICATION: 1. THE ORIGINAL AND TEN t•���COPIES OF A PROFESSIONALLY PREPARED SKETCH �PLAN OF THFs PROPOSED SUBDIVISION, MEETING THE REQUIREMENTS OF ARTICLE II, SECTION 1, PARAGRAPH (3), SUB-PARAGRAPHS 1- 7, OF THE VILLAGE OF TEQUESTA SUBDIVISION REGULATIONS. 2. WRITTEN APPROVAL FROM PROPERTY OWNER, IF NOT THE APPLICANT, AUTHORIZING APPLICANT TO ACT AS AGENT FOR THE PROPERTY OpNER. 3. ANY OTHER DOCUMENTATION PFRTINENT�TO THIS AE'PLICATION. 4. APPLICATION FEE OF TWO-HUNDRED <5200.00) DOLLARS PLOS TEN <510.00) DOLLARS FOR LOT PROPOSED FOR THF SUBDIVISION.' . APPLICANT' S SIGNATURE: f �i.,�/,�, NOTE: ALL RENDERING , MODEZS P TOS. ETC. SUBMITTED TO THF VILLAGE WILL BECOME THE PROPE Y OF THF AGE OF TEQUESTA. � �._ , • . , PURCHASE AND SALE AGREEMENT .� THIS AGREEMENT� entered into as of D/l� � 19�, between CHEVRON U.S.A. INC., a Pennsylvania carporati ("Selle�')� and FLORIDA TREND DEVELOPMENT� INC. above shail be the later of the date upon which Seller or Buyer shall have executed this Agreement and shaii be referred to heretn as the "Effective Date".) WITNESSETH: WHEREAS Seller is the owner of the land known as Facitity #48201 located at 2155 U.S. 1� Tequesta� Florida and described in Exhibit "A" hereto (the "Property"j; and WHEREAS Seller wishes to sell to Buyer and Buyer wishes to purchase from Seller the �� Property; NOW, THEREFORE� Seiler agrees to seil the Property to Buye� and Buyer agrees to purchase the Property from Seller� subject to the following terms and conditions: 1. PURCHASE PRI CE a. Seller shall convey to Buyer and Buyer shall accept a good� m�ricetable, unencumbered and unrestricted fee simpie title to the Property� by deed of Spea�al Wamanty, free of all liens� leases� assessments and encumbrances, except current � real estate taxes, easements, state road right-of-ways, and such other rl�atters as are existing at the time of conveyance and/or as described in Exhibit "B" attached hereto ("Permitted Exceptions'�, and except such other matters as are accepted by Buyer in writing. in addition, at the Closing, Seller shall grant to Buyer a non- � exclusive easement over and across . that certain property more particularly described in Exhibit "A-1° hereto for purposes of ingress and egress for the benefit of Buyer and 8uyer's sucxessors and assigns pursuant to an easement agreement in fonn and substance reasonabiy satisfactory to Buyer and SeAer. � ' b. Sefler shall, at Sellers cost and expense, obtain from a�tle insurance company to , - be selected by Seller in its reasonable discretion� a title insurance commifinent (and foliowing ciosing a ti�le insurance policy� covering the Property. Satd tiUe insurance commitment shall be ordered by Seller within five (5j days following the Effe�tive Date and shali be delivered by Seller to Buyer within thirty (30) days . foliowing the Effective Date. Buyer shall have forty-five (45) days following the 1 Y.IPESAOiN8201.DOC • 7 - � EXHIBIT "A" That part, lying east of U.S. Highway #1, of the South 150 feet of Govemment Lot #4, in Section 30, Township 40 South, Range 43 East. Palm Beach County, Florida, less the West 291 feet (as measured along the North and South lines), Subject to rights of ways and easements of record. . �. � � IN WITNESS WHEREOF, the pa�ties hereto have executed this Agreement as of the date first set forth. � SELLER: CHEVRON U.S.A. INC. • � C (. .• By: � � z a e� ,e c � i- its: Attomewln-�act BUYER: �'� FLORIQ � N L ENT, INC. � _ � /3 9 N�3 S • By ' 1 � a � �- . � y itS: �`� '��'�rr r �S 5 � ESCROW AGENT: . ATTORNEYS' TITLE tNSURANCE FUND� tNC. By: � its: , � � � L�D�/E � D � �� . . � �CIO.?TNEqSTE,t�� �02!lE,Q `� ,f' poi.c�r OF �E�/,u,vi.tr� . ✓ �✓ �✓�F � / r W. ' � ---�--�.- _ 35.00=-. O �� � f '.Qa.�or�o • �, w.��� O N � �� � �� � ° ` � !� = 85 ��� � �'?_ $5, 00 � .� L = 52.53' . n , � . � � F',4a,�osEo ,4ccESs �o- �QlC �F- Gl/,4 S/ E.L'/6T/.Ul� !o� G'j' DUT,S/ L��!/E OF �•�5. Gf/,4u. �JE�T/o,cl3o, � Toui,��viP 40 �avrf, � ! 2 ��. R•4,t�G� ¢3 E.asT r �- - i . LEGAL DESCRIPTION OF ACCESS RIG[iT OF BAY TO BE DEEOED TO FLORIDA TREND DEVELOPMENT� INC. / COCONUT COVE AND EVENTUALLY DEDICATED' TO TIiE VILLAGE OF TEQUESTA. A PORTION OF THE WEST 291 FEET (AS MEASURED ALONG THE NORTH AND SOUTH LINES) OF'THAT PAR7 OF•THE SOUTH 150 FEET OF GOVERNMENT LOT 4� LYING EAST OF U.S. HYGHiIAY 1 iN SECTION 30� TOUNSHIP 4Q SOUTH; RANGE 43 EAST, BEING MORE PARTICULARLY DESGREBED AS FOLLOiiSs BEGINNINCo T THE�NORTHEAS�ERLY CORNER OF SAID PARCEL; RUN iHENCE SOUTH 89 54 47 WEST ALONG A LINE 150 £EET NORTHERLY pF THE SOUTHERLY LINE OF SAID SECTION 30� A DISTANCE OF 35.00 FEET'TO AN INTERSECTION "pITH THE ARC OF A CURVE� CONCAVE NOBTHEASTEALY� HAVING A CENTRAL ANGLE OF 85 A RADIUS OF 35.00 FEET; THENCE SOUTBEASTERLY ALONG THE ARC OF SAID CURVE� A DISTANCE OF 52.53 FEET TO AN INTERSECTION WITH A LINE 29! FEET EASiERLY OF� AS MEASURED ALONG THE SAID SOUTHERLY LINE OF SECTION 30• THENCE NORTH 3 EAST ALONG SAID LINE� A DISTANCE OF 35.00 FEET TO • THE POINT OF BEGINNING. ' . ' CONTAINING 919 SQUARE FEET� !(ORE OR LESS. � � � � DESf.2/PT�O.0 �J'KETf,4 �REPQREO � R: � i �� �o,e�o� T E,uo oEU�co,�tilE,cirC�oR�? 609 N. Hepburn Ave, Suite 205 �E /"= ID' �RAwrv BY �f,f r,�-,�. • 'F.e. �. - ` jupiter•Florida33458 DATE78-°�¢ APPROVEDBY �/�/,/,), DW�.NO.�¢08$ J' V 407•744•4594 REVlS10N5: • �'RVE�l�� � . � VILLAGE OF TEQUESTA �; • � PUBLIC WORKS DEPARTMENT � � o Post Office Box3273 • 357 Tequesta Drive ��,� y � v Tequesta, Florida 33469-0273 •(407) 575-6240 eouM Fax:(407)575-6239 June 20, 1994 Mr. Gordon Ripma President Florida Trend Development Corporation . 2001 S.E. Airport Road Stuart, FL 34996 RE: Public Works and Recreation Department Review for Coconut Cove Dear Mr. Ripma: Per your request of June 17, 1994, please be advised that I have reviewed the sketch for Cocpnut Cove. I"do not anticipate this pro�ect having any ma�or impact on either the Public Works or Recreation Department. I am concerned that the drainage may not be sufficient and will require further review before final plans are approved. Should you have any questions concerning this matter, please contact me at 575-6240. Sincerely, . � Gary Preston Director of Public Works GP/mk c: Scott D. Ladd, Building Official Rec�rled Paper v � VILLAGE OF TEQUESTA � �; ,. WATER DEPARTMENT i , o t Post Office Box 3474 • 357 Tequesta Drive � " Tequesta, Florida 33469-0474 • (407) 575-6234 � Fax:(407)575-6239 June 17, 1994 Mr. Gordon Ripma President Florida Trend Development Corporation 2001 S. E. Airport Road Stuart, FL 34996 RE: Water Service Availability for Cocoanut Cove Dear Mr. Ripma: Pursuant to your request, please allow this letter to serve as notification that Water Service is available to serve the Thirteen (13) proposed single-family residences in the above referenced development. Water Service may be provided in accordance with Village of Tequesta rules and regulations and only after execution of a Developer Agreement and receipt by the Village of any connection fees, off-site utility improvements if required, and on-site utilities. This is a letter of service availability only and not a final plan review or commitment of service. Should you have any questions, please give me a call. Sincerely, Thomas C. Hall Water System Manager TCH/mk c: Scott D. Ladd, Department of Community Development TE UESTA FIRE-RES Q CUE Phone: (407) 878-6280 • Faz: (407) 676-6203 James M. Weinand, Fire ChieP June 22, 1994 Gordon Ripma Florida Trend Development 2001 SE Airport Rd Stuart, Fl. 34996 � � � Dear Mr. Ripma: . Pursuant to your request, a preliminary site plan review has been conducted of yow proposed project named Coconut Cove. This developmental project review was conducted in concern of life safety and compliance with applicable provisions of governing codes. All requiremerns listed below are as per goveming codes, and shall be implemented 'urto the design and construction of this project. The requirements listed below are based on thirteen single family homes, with a distance betw�n buildings of fifteen feet, maximum height of two stories and with non-combustible roofs (no wood shake shingl�s). ,. 1 The needed fire flow water requirements for ttris proposed subdivision is 1000 gallons per minute ax the remote poi� of the project. If combusti�le roofs aze utilized, an additional 500 gallons of water per minute will be needed. 2 Four fire hydrants will be needed, one at the intersection of Cove Road and Coconut Lane, one at the property line b�t.w�n lots three and four, one at the properiy line � between lots seven and eight, and one at the eastem property line of lot eleven. � 3 Fire hydrants shall be located within three feet of the curb line, with the center of the 41/2" outlet 18" above grade. The 4-1/2" outlets shall fa.ce the roadway. If you have any questions, you may cflntact me at 40?-575-6250. � Sincerely, - - � . �;. . _ . . . .. ., - - . ' . � .. - . .. :�. _ = . � . 7 es einand� � . . - _ = _ .. . . ;- . . ..: _ _ . Fire Chief � � . . �. � . - _ .' a _ _ _. . ` _ _ . . ; . ,�=� . . . ;_ : ,� .- - . . . .. . . _ . : � . . : - - . � � . •;:' .. - . f� . - . � . _ .. ., . r., . . .. c: Fi1es � � � . � � - � � � � � Thomas C. Hall . . _ . � .. � ; - Post Office Boz 3273 • 357 Tequesta Drive • Tequesta, Florida 3�469-0273 TEQUESTA POLICE DEPARTMENT a �, F 357 Tequesta Dri��e ��" Post Office Box 3�73 o � 5 :• Tequesta, Florida 334G9-027: CARL R. RODERtCI� Phone: (407) 575-6210 Chief of Polire June 16, 1994 Mr. Gordon Ripma Florida Trend Development Corporation 2001 S. E. Airport Lane Stuart, Florida 34996 Dear Mr. Ripma: � I have reviewed your plans for the development of thirteen (13) lots in the proposed Coconut Cove development, Coconut Lane, located east of U.S. Highway #1 between the Coast Guard property and the Palm Beach County jurisdiction of Waterway Village. I do not feel there will be any impact on the police department's levei of service. Sincerely, � 2 Carl R. Roderick, . Chief of Police CRR/lew • • • VlIt�NL�jy Lozahatchee R,iver ]Jistrict � . ,; . , . �� 2500 Ju iter Park Drive a� ` ���.��� ��x P ,�.�:� .� Jupiter, FL 33458-8964 W - o � _:� ^ Administration & Engineering � .��, , y �o �elephone (407) 74?-5700 ��ay �� f 97 f �''� Fax (407) 747-9929 . �cansD c. �rrr �cvTn►� � �'vae i7, 1994 � ; . `,�' � < � � ` r - r , . - t, _ , . "r�:::a '"�,y �; - ,. � . , . , s�' _ . ' _ , r � �'•�'.o'� � ` k - � ' -r . �._p. � ' _ _ .' . _ ' ' .�, .F �> ' _ . � _ � ' � ' . . • ' ' " _ _ w . - l�ir. Gordon Ripma Florida Trend Dev_. Corp. 2001 S. S. AirpvY't itoSd - Stuart, FL 34996 .._�. �......_ Re: COCOATUT COVE, R-1, 13 Lots U.S. Highway One, Tequesta, Florida ' Dear Mr. Ripma: This letter �.s prov�ded. in response to your recent inqui.ry concerninq sewe��_'service availabiiity to the a�ve' referenced property. � - �w�: . - . - �: � : � - � . , . . : ,�: ,� h.� . . . . . :,, . .. �. _. �= �r:, � Please be ad�ised that, as of this date, service can he made available to the property upo� the payment of connection fees.in:. accordance with District Rules. Capies of Chapter 31-10 F.A.C.,_'- are available for your review..:_ .. - - Consistent witli �, �District policy, the develoger wil� .,,T, be !``°�' responsibie � fa�. `. ali ,� costs ;.,,aBsociated with , connectinq 'to the,,:::.�.;,: exist�ng wastewater system of�the"D3:strict. � . �-. �,.� . _.,. . .. _. ,. �_ �. Should you require �additional information on this matter, ' please feel free to contact me. Sincerely, � _ . _ ,' ` . . _ " �->.y5�.a =�.�.'_'_� ._'�."' _. ...- •,'.(�'�..:.. . " _ � "_ -_ � ''=1 � . . . . ��I��!+%��� 4 _/ ti�� .; - v �. P �'RiiR�R. , � � � � .f .t« s ' '� � �', . �+'"r � , �� �' ��'y ; �' � �X �- .N ,� 1 .,� ..� � f _ + , y � 1 }� k h r k • A+M. ,'Jt 5 x. .�d � K w 4�. � ' �� � $4 _ � y , R � r -, , '` r ; ,;� � _ "k 4 � ,� , t � � , tls' � � � A' q K' '�i Y���Y� 1 1�YI �,Tj��+�� f J� Yq/��� j� �, 4 V`I {�, � 1 Et' � y � A� Y h Yr, �k' � k ' �� ,� Y 4 ^J�' S .,,. . � L/ • 3 i " � 5 �' t �S Z I A � � „" ,� " �,. Y � m ^ '� � " k � 1 � , 7 , '�'y t, � t . 4 v�R,�.��y r" - � "' x $ ' xf , ;� •A 3,� ,'0 4 tf'k akS�n � t y ' ;�+.es. ,. '� .� ta , , . ����' S ` � < lt' � � ' �„ � r � �"+' � . 'F I! L r i K 3i >tk Y'} tt �'_{•� ,}"k. 4 Zi, �, � ' 4p � ��. 5� {11 ! ra '¢' � X 'yfi b Y tulyyZ 1'6 R ! � � „�" _ 1 < !i',i`' M ��1.�� ,y �.,„� �. , t '' a ''� „ � �' {. ' �� '� 'u' ui h S ',��`a , t ' r', W ''� 4 ; s ;:. 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O� Bosrd MenOber Boaed Member Chatrmea Boaed ffi�ber Boasd � �I/�� Florida Power & Light Company, 1001 - 10th Street, Lake Perk, FL 33103 FPL � June 16, 1994 � Florida Trend Development Corp. . 2001 SE Airport Road Stuart, FL 34996 RE : COC.�IUT COVE Dear Sir: This is to inform that FPL at the �resent time has sufficient capacity to �rovide electrical service to the above mentioned property. 'I'his service will be furnished. i.n accordance with applicable rates and FPL practices. It will be necessary for FPL to be provided with the final site plan, electrical load data, site survey and copy of deed as soon as possible so tYiat the necessary engineering can begin. Please feel free to contact me at 840-3033 if I can be of further assistance. Sincerely, _ ���•--� Jeff J. Elsner Construction Servi.ces an FPL Gronp company hiichols Sanitatlon, Inc. '��� a WMI Service Center P.O. eox t085 A Waste Management Cornpany 7700 SE Bridge Rd. 1��� Hobe Sound, Florida 33475 1-800/824-8472 • 407/546-7700 Building Department Village of Tequesta June 16, 1994 RE: Coconut Cove- �13 lot subdivision within the Village. • Requested by: Florida Trend Development Corp. 2001 SE Airport Road Stuart, Florida 34996 Sirs: This is to certify that as the franchised hauler for the Village of Tequesta, Nichols Sanitation, Inc. can provide the solid waste removal needs of the proposed Coconut Cove subdivision. Sincerely, � ���� � ��� �helley�. Tabor Nichols Sanitation, Inc. cc: Jeff Sabin file . . � . P. . 4' _ c� � ADELPHIA � CABLE COMMUNICATIONS June 17, 1994 Mr. Gordon Ripma . Florida Trend Development Corp. 2001 SE Airport Road � Stuart, FI. 34996 Dear Mr. Ripma: 1'hank you for your inquiry to the availability of cable service to your new development called "Coconut Cove. " Adelphia Cable is a franchised cable operator within the Village of Tequesta. As such, we can provide cable service to your 13 unit development when the request is made. Please feel free to call ine or poug Bennett, at 627-3600, with your construction plans in order to prevent any service delays to your new homes. We will be more than happy to assist in any way we can. Sincerely, CI�UCK BT AINE Director of Government and Community Affairs CB:cj 1tr.583 � cc: Mark Galloway. Doug Bennett . , 2129 Congress Avenue, Riviera Beach, Florida 33404 • Telephone 407-863-5701 ey�� o�ora,�� �roye� �7�JN� oG7' T. L Jackson Room 237 Manager-Engineering 3300 Okeechobae Road Fort Pierce, Florida 34947 June 2 9, 19 9 4 468-5505 or 283-0033 Gordon Ripma Florida Trend Development 2001 SE Airport Road Stuart, Florida 34996 RE: Coconut Cove, 2155 US1, Tequesta, F1. Dear Mr. Ripma: Southern Bell Telephone Company will provide telephone service to the above mentioned property as needed. Florida Public Service Commission Rules will apply regarding adequate utility easements and or conduit on private property. The site work must be completed in a manner that is satisfactory to Southern Bell insofar as the interests of our company is concerned. Please contact Larry P. Koenig at (407) 468-5541 for specific information regarding the coordination of construction schedules, final construction plan, etc. At your earliest convenience. This way we can assure that telephone service is available in both a timely and efficient manner. Thank you for your cooperation. Yours very trialy, � •�- �� Manager LPK:mjm A BEL,LSOUTH Company Prepared by and return to: , Gordon R. Ripma . . FLORIDA TREND DEVELOPMENT CORP. 142 Pine Hill Trail W. Tequ�sta, Florida 33469 (407) 746-7732 DACLARATION OF COVENANTB� CONDITIONH A1�iD RLBTRZCTIONB � OF COCO�IIT COVB RNOW ALL MEN BY THESE PRESENTS, that the undersiqned Declarant, is the owner of certain real property to be hereinafter known as COCONUT COVE, a platted subdivsion in Palm Beach County, Florida, and more particularly shown on Exhibit pA" attached hereto (the "Property"), and hereby makes the following Declaration of Covenants, Conditions and Restrictions covering the Property, specifyinq that this Declaration shall constitute a covenant runninq with the Property and that this Declaration shall be binding upon the undersigned and upon all persons deraigninq title through the undersigned. This Declaration shall be for benefit of ancl limitation upon all present and future � owners of all or any lot on the Property, and of other property owned by the undersigned which shall be made subject to these Covenants at a later date. 1. Definitions. The followinq words, phrases and qroups of words as used in this Declaration or deposit receipt contract, sales agreements or any other literature associated with the project known as COCONUT COVE, they shall have the meaning set forth herein: ' 1.1 "Association" shall mean and refer to an uninaorporated association consisting of all Owners of Lots of COCONUT COVE, their successors or assiqns. 1.2 "Ownerp shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, including contract sellers, but excludinq those havinq such interest merely as security for the performance of an obligation. 1.3 "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Property recorded in the Office of the Public R�cords of � Palm Beach County, Florida. - - ' 1.4 "Memberp shall mean and refer to an Owner who is a member of the Association as provided in Paragraph 10 hereof. 1.5 °Propertv° shall mean and refer to that certain real property shown on Exhibit "A" attached hereto and such additions thereto as may hereafter be brought within the jurisdiction of the Association by annexation. 1.6 pDeclarantp shall mean and refer to GORDON R. RIPMA, and his successors and assigna. 1.7 wLotn shall mean and refer to Lcts 1 throuqh 13 as shown on the Plat of COCONUT COVE recorded in Official Records Book , Paqe of the Public Records of Palm Beach County, Florida, with any and all improvementa thereon, on which a residential structure could be constructed, whether or not one has been constructed. 1.8 �Common Propertvn shall mean all real or personal property (includinq improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Property to be owned by the Association at the time of the conveyance of the first Lot is more particularly described on Exhibit "B" attached hereto. 1.9 "Coconut Lane" shall mean and refer to the entry roadway and entry riqht of way desiqnated as Coconut Lane on the Plat of COCONUT COVE. � 2. Easements of Enjoyment. 2.1 Owner's Easements of Enjoyment. Every Owner shall have the right and easement�of enjoyment in and to�the Common Property which shall be appurtenant to and shall pass with the title to every Lot, subject to the followinq provisions. 2.i.1 The right of the Association to suspend the voting rights and riqht to use of Common Property and any facilities thereon by any Owner for any period durinq which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for an infraction of its published rnles and regulations; 2.1.2 The right of the Association to dedicate or transfer all or any part of both Common Property to any public agency, authority or utility, for such purposes and subject to such conditions as may be agreed to by the Members; provided, however, that no such dedication or transfer shall be signed effective unless an instrument agreeinq to such dedication or transfer by sixty-six and two-thirds percent (66 2/3$) of the Members entitled to vote on th� issue has been recorded in the Public Records of Palm Beach County, Florida. - - ' 2.1.3 The right of the Association to adopt and enforce rules and regulations qoverning the use of the Common � Property and all facilities at any time situated thereon. 2.1.4 For so lonq as Declarant is the Owner of a Lot, Declarant, its licensees and agents shall have an easement over and acroas all the Lots and Common Property for the purpose of constructinq houaes and appurtenances, and any facilities and improvements on the Common Property the Declarant elects to construct. Provided, however, that any damage to landscaping, pavement, driveways, drainaqe structures or other structures caused by Declarant, its licensees or agents durinq such construction shall be promptly restored and repaired by Declarant, its licensees or aqents causing such damage after completion of conatruction. 3. Title. Each Owner at COCONUT COVE will own fee �imple title to his Lot. 4. �,and Use. No Lot shall be used except for residential purposes. No business, service repair or maintenance for the general public or Owners shall be allowed on any Lot or on the Common Property at ar►y time. No commercial or recreational vehicle, boat, trailer, camper, motor hame, etc. shall be parked outside any dwellinq on any Iot or common area. Temporary uses for model homes, parking lots, or sales offices shall be permitted for the Declarant as lonq as the Declarant owns at least one Lot. 5. �Iaintenance of Lots. No Owner shall in any way deface � the exterior of his dwellinq or any structure on his Lot. Exterior walls and roof are to be maintained by each Lot Owner in quality condition equivalent to that at the time of its completed construction at all times. Failure to maintain the Lot in such manner may result in.a notice to the owner from the Association - settinq forth the items to be corrected within a thirty (30) day � time period. In the'event the notice is not adhered to, the Association may contract to have such work performed and the ' Owner will be ch�rged for the invoices delivered by such contractors or workers together with any reasonable costs of the Association. The Association shall have the right to file a lien for non-payment of such charqes in which event the Owner shall be responsible for attorneys� fees and costs of the Association � incident to the collection of such assessment or enforcement of such lien. . 5.1 Lots 12 and 13 Owners shall construct and maintain at their expense on their Lots a swale and berm adjacent to their waterfront boundary or their seawall, if constructed, which shall � be of minimum dimensions sufficient to prevent surface storm water drainaqe from the Lots to discharqe fnto the Intracoastal Water Way over the sea�rall, if constructed, or otherwise over the surface of the bank of the river, assuming a 100-year storm level � of precipitation. - � • ' 6. �erior Finish of Improvements. Each Owner covenants and agrees that the entire-structural and decorative themes of all common and private ex�erior areas will remain as they were oriqinally approved by the Association. The only method by which this original theme can be chanqed will be under Association -3- direction with 100� of all Owners votinq for the change. An Owner shall not be required to obtain any approval for the paintinq of the exterior of the dwellinq on his Lot in a color and finish consistent and�compatible with the color and finish of all other dwellinqs at COCONUT COVE. 7. �tructural Repair and Maintenance of Dwellinq. Normal maintenance such as recoating, repaintfnq or repairinq shall be done as ie necessary. In the event of damaqe or destruction which is confined to the atructural area wholly within the dimensions of one Lot, the repair or replacement shall be at the expense of the said Owner. If any Owner �hall neqlect or r�fuse to make any necessary repairs within a reasonable period of time, " the Association may have such buildinq repaired and shall be entitled to a lien on the Lot so failing to pay for the amount of such repair or replacement cost. 8. �+iortgagee�s Riqhts. If an Owner shall give, or shall have given a mortqage or mortgaqes upon his Lot, then the mortqagee shall have the full right to add to the outstandinq balance of such mortgage any amounts paid by the mortgagee for repairs and not reimbursed to said mortgagee by the Owner. The lien of the assessments provided for in this Declaration shall be subordinate to the lien of any first.mortqaqe recorded prior to � the time of recording the claim of lien provided for herein by the Association. 9. Insurance. 9.1 g�roperty. Flood and Casualty Insurance. The Association may maintain property, flood and casualty inSUrance on all buildings and other improvements on the Common Property. No insurance wilY be carried by the Association on any contents of any Owner's dwellinq. �'Each Owner will be assessed anr�ually for one-thirteenth (1/13) the total insurance premium. The insurance shall be in an amount equal to the maximum insurance replacement value, excluding foundation and excavation costs. The assessment for insurance shall be due and payable when billed, which shall be sixty (60) days prior to the expiration date of the policy covering the Common Property. The Association shall have the right to file a lien against the Lot of such Owner who shall fail to make his required assessment payments. In the event of any casualty loss covered under t�e master policies, the Association shall be the aqent of all Owners and shall adjust such loss on their behalf. 9.2 Liability Insurance. The Association may also ' purchase such liability insurance as may be necessary on the ' Common Property to protect respective interests of the Association and the Owners. Such assessments for this insurance will be handled as set forth below. 10. l�iembership in the Association and Voting Rights. Every person or entity who is a record fee simple Owner of a Lot, -4- includinq the Declarant at all times as lonq as he owns any part of the Property subject to this Declaration shall automatically become a member of the Association by virtue of acceptance of the deed of conveyance to his Lot. Membership shall be appurtenant to and may not be separated from the ownership of the Lot. Each owner shall be entitled to one vote on all matters put before Members of the Association for a vote. When more than one person holds an interest in any Lot, all such persons ehall be treated as one member. The vote for such Lot shall be exercised as they determine� but in no event ehall more than one vote be cast with respect to each Lot. The Declarant shall be entitled to one (1� vote for each Lot owned includinq Lots on which dwellinqs are planned but not yet constructed. � 11. g�vment af Assessments. The Association shall collect a charge four times a year frc►m each Owner. This charge shall be used to maintain the lawn and landscapinq of the Common Property and to maintain Coconut Lane as provided in Paraqraph 29. This charge shall be defined as nCurrent Expensesp. The money shall be used exclusively to promote the recreation, health, safety and welfare of the Owners, and for the improvement, maintenance, repair and replacement of the Common Property and Coconut Lane. Each Owner shall be assessed one-thirteenth (1/13j of the total "Current Expenses.n These charges shall be that which is set by � the Association and may be modified from time to time in keeping with the necessary adjustments in the amount required to properly maintain and operate COCONOT COVE. Each Owner shall be responsible for payinq his assessment . charqe on a current basis. The Association shall have the right to file a lien against the Lot of an Owner who fails to pay his maintenance assessment after the due date and elapse of all grace periods. In add'ition to the quarterly assessments authorized above, the Association may levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the costs of any repair or replacement to any portion of the Common Property, provided that any such assessment shall have the assent of sixty-six and two-thirds percent (66 2/3$) of Members who are voting in person or by proxy at a meeting duly aalled for this purpose. � All assessments for �Current Expensesp shall be collected in advance. This means that a charge for April ist shall be collected on January ist. 12. .Covenants to--pav Assessments. (a) The Ownex of any Lot by acceptance of a deed therefor, whether or not it shall be � so expressed in such deed, is deemed to�covenant and agree to pay � to the Association all assessments, special assessments, interest thereon, late charges, costa of suits, expenses and attorney�s fees, if any, as may be established and/or determined as provided for in this Declaration. The annual and special assessments, together with interest thereon at the rate of eighteen percent (18�) per annum from the due date if not paid prior to the elapse -5- � . of the qr�c� period, costs of suit, expensea and reasonable attorney�s fees, shall be a charge on and a continuinq lien upon the Lot against which each such assessment is made. The lien shall be evidenced by an instrument executed by the Association - and recorded in the Public Records of Palm Beach County, Florida, and shall be enforced in the same manner as is provided for by law for the enforcement of inechanic�s and materialmen's liens. (b) The assessment, alonq with interest thereon, late charqes, costs of suit, expenses and attorney�s fees to collect the same shall also be the personal obligation of the Owner who was the owner of the Lot as of the date the assessment falls due. 12.1 From and after January lst of the year immediately followinq the conveyance of the first Lot to an owner, the maximum annual assessment and/or quarterly charge may be increased each year not more than five percent (5$) above the assessment of the previous year without a vote of sixty-six and . two-thirds percent (66 2/3$) of the Membere who are votinq in person or by proxy, at a meetinq duly called for this purpose. 12.2 The Association may fix an annual assessment not in excess of the maximum amount. _ 12.3 Special Assessments for Capital Improvements. In . addition to the annual assessments authorized above, the . Association may levy, in any assessment year, a special , assessment applicable to that year only for the purpose of defraying,:in whole or 3n:.-part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the lawn or roads of the COCONUT COVE Common Property includinq fixtures and personal property related thereto, provided that any.such assessment shall have the consent of sixty-six and two-thirds percent (66 2/3�j of all Members who are voting in person or by proxy at a meeting duly called for this ' purpose. Any special assessments for capital improvements of this nature will be charged to the Owners in accordance with the assessment plan as described above. 12.4 Notice and Ouorum for any Action Authorized Under Article 12. Written notice of any meeting called for the purpose of takinq any action authorized under this Article 12 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meetinq. At the first such meeting called, the presence of Members or of proxies entitled to cast a majority of all of the votes of the Membera entitled to vote on that issue shall constitute a quorum. ' 13. Assessment Paymen�s. All assessments area due and payable immed3ately upon their issuance or the date epecified therein by the Association. Should any assessment not be paid within ten (10) days from the date of is8uance thereof or the date so specified, tlie Association shall be entitled to assess against the Owner a late fee of One Hundred Dollars �$100.00) to ' -6- . : A�:px � partially compensate the Association for its additional bookkeeping, administration and collection activities with reqard to said late assessment payment. All sums, includinq late fees unpaid after thirty (30) days from the due date shall bear interest thereof at the rate of eighteen percent (18$) from the date when due until paid. All payments upon account shall first be applied to interest and then to the late charqe and then to the assessment payment firat due. 13.1 Should any assessment not be paid�within thirty (30) da�s from the due date thereof, the Association may upon five (5) days notice, declare due and payable all a�sessments applicable to that Lot for the year in which the delinquency � occurs. 13.2 The Association may brinq an action at law against the Owner personally obligated to pay same without waiving any claim of lien it may have aqainst the Lot, or after first perfecting its �fen a8 stated elsewhere herein, foreclose the lien aqainst said Owner�s Lot. The lien for unpaid assessments shall also secure the reasonable attorney's fees � incurred by the Association incident to the collection of such assessment or enforcement of such lien. 13.3 No Owner may waive or otherwise avoid liability for the assessments of the Association by nonuse or partial use of the Coaimon Property he is entitled to use or claim offset against the Association, or abandonment of his Lot. 13.4 Each O�mer by his acceptance of a deed to his Lat consents to jurisdiction of the Courts of Palm Beach County, Florida, and waives any rights of alternative venue or jurisdiction in'the event an action is brouqht against him by the Association for collection of an assessment. 14. Use of Gommon Property. Each Owner shall have perpetually the full, non-exclusive free riqht and easement to the use and enjoyment of all of the Common Property owned by the Association, subject to the rights of all other Owners of Lots located on the Property. This right shall include but not be limited to a right of ingress and eqress throughout the Common Property and shall also extend to all invitees and guests of an Owner. This use is, however, subject to any reasonable requlations for the use of these Common Property as may be established from time to time by the Association. 14.1 Nuisance. No nuisance shall be allowed upon � Common Property or any Lot, nor any use or practice that is the � source of annoyance to residents or which fnterferes with the peaceful possession and property use of the Property by its residents. All parts of the Common Property shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage shall be allowed to accumulate nor any fire hazard allowed to exist. No Owner shall permit any use of his Lot or make any use -7- . . .,. . of the Common Property that will increase the cost of insurance upon the Common Property. 14.Z Lawful Use. No inunoral, improper, offensive or unlawful use shall be made of the Common Property or any property operated by the Association nor any part of it; and all valid laws, zoninq ordinances and regulations of all governmental bodies having jurisdiction �hall be observed. 14.3 Guests. Each Owner ehall be fully responsible for the activities and actions of his guests or visitors and shall take all action necessary or required to insure that all guests and visitors fully comply with the provision� of this � Declaration and all rulee�and requlatfons of the Association. 15. Mortgagees' Accese. All mortqaqees of Lots shall specifically have a complete riqht of access to all of the Common Property for the purpose of ingress and egress to any and all Lots upon which they have a mortqage loan. 16. Mortgagee's Possession. When the mortgagee of a first mortgage of record or other purchaser of a Lot obtains title to the dwelling as a result of foreclosure of the first mortgage, or by a deed taken in lieu of foreclosure, such acquirer of title, � his successor and assiqns, shall not be liable for any delinquent assessments of the former Owner which became due prior to the acquisition of title as a result of the foreclosure or by a deed taken in lieu of foreclosure. Such unpaid assessments shall be deemed to be a common assessment, collectible from all of the Owners. Whenever a title is acquired as stated aforesaid, such acquirer shall be responsible for all assessments whatsoever, from that date forward, until title to the Lot is transferred from such acquirer. . � 17. Utility and Governmental Service Easements. Easements are specifically reserved to the Owners and such appropriate utility and other service companies or providers of the services hereinafter set forth as are from time to time d�signated by Declarant, such easements over, under, in and upon the Lots as may be necessary to provide utility services for inqress and egress for persons to provide and maintain such utility services, including, but not limited to, power, electric, sewer, water, drainage, telephone, gas, liqhtinq facilities, irrigation, television�transmission and cable transmission facilities, security service and facilities in connection therewith and for governmental purposes. An e�sement for encroachment in favor of all Owners in the event any portion of any of the Lots encroaches � upon any other Lot as a result of minor�inaccuracies fn survey, � constructfon or reconstruction or due to settlement or movement. This easement for encroachment shall include an easement for the maintenance and use of the encroachinq improvements in favor of each of the Oamers and shall also include cross easements of support and use over, upon, across, under, through and into the Lot in favor of the Ownera and/or their desiqnees. These �� -8- easements may be assigned by the Declarant in whole or in part to any city, county or state governmental or agency thereof, or any duly licensed or franchised or public utility or any other appropriate designee of Declarant. 18. Control of Association. The Declarant shall retain sole control of the Assoviation until sales have been closed on Lots 1 through 13. During the period the Declarant has sole control of the Association, he has the sole right to amend this ' Declaration of Covenants, Conditions and Restrictions without requirement of the joinder of any Owner. Further, the Declarant shall have the right, with regard to any Lots still owned by him, to use same as its sales office or as a model. � 19. Liens. Any lien referred to in this Declaration shall not be effective unless and until the same has been recorded in � the Public Records of Palm Beach County, Florida. 20. Dutv to Repair Dwellinq. In the event a dwelling is damaged, through an act of God or other casualty, that Owner shall promptly cause his dwelling to be repaired or rebuilt substantially in accordance with the original architectural plans . and specifications. It shall be the duty of the Association to enforce such repair and rebuilding of the dwelling to comply with � this responsibility. 21. Length of Covenant. These covenants are to run with the Property�and shall be binding on all parties and all persons claiming under them for a period of ten (1�) years from the date these covenants are recorded, or until the Declara�t has sold all thirteen Lots, whichever occurs last, after which time they shall be extended automatically for successive periods of ten (lOj years, unless a written instrument agreeing to change the covenants, in whole or in part, signed by a majority of the then Owners of the Lots and their mortgagees has been recorded, along with the written consent of the Village of Tequesta. 22. Enforcement of Covenants. Enforcement of these covenants may be made by an Owner or the Association, by an action against any person or persons violating or attempting to violate these covenants either to restrain the violation or to recover damages. The party bringinq the action shall be entitled to recover,,in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of his attorney. 23. Severabilitv. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. � 24. Amendment. This Declaration may not be amended without the written consent of the Village of Tequesta and then may be amended, subject to the rights of Declarant set for in Paraqraph -9- 18, by a duly recorded instrument executed by not less than sixty-six and two-thirds percent (66 2/3$) of the Members. No amendment shall alter the assessment lien or subordination provisions as to first mortgagees without the prior approval of the mortgaqee enjoyfnq such protection. Declarant shall have the right at any time within five (5) years from the date of its recordation to amend this Declaration to correct scrivener�s errors and to clarify any�ambiguities determined to exist herein. 25. Easement for Enforcem�nt. Th� Association is qranted an easement over the property cf each Owner for the purpose of enforcinq the provisions of thi� Declaration, and may go upon the property of the said Owner to remove or repair any existing cause of a violation hereof. If the Owner, after written notice by the Association to cure the violation fails to do so, the Association shall have the riqht to cure such violation, and all costs incident thereto, includinq court costs and reasonable attorney�e fees shall become the personal obligation of the Owner and be a lien aqainst hfs Lot in the same fashion as if said sums represented monies due for unpaid assessments. 26. �rchitectural Control. No building, fence, wall, or other structure, or hedge or landscapinq shall be commenced, erected or maintained upon the Property, nor shall any exterior � addition to or chanqe or alteration therein be made until the • plans and specifications showinq the nature, kind, shape, heiqht, materials and location of the same shall have been submitted to and approved in writinq as to harmony of external desiqn and location in relation to surroundinq structures and typography by the Association, or by an architectural committee composed of two (3) or more representatives appointed by the Association. In the event said Association or its designated committee fails to approve or disapprove such desiqn and location within thfrty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed �o have been fully complied with. Refusal of approval of plans, � specifications and plot plan, c►r any of them, may be based on any ground, includinq purely.aesthetic grounds. 27. No Defect of Title. In the event that any Lot shall encroach upon any of the Common Property it shall not affect the title of that Lot. , 28. Common Property Maintenance. The Association shall own and maintain all Common Property for COCONUT COVE. The Association shall not be dissolved nor shall it dispose of any � Common Property, by sale or otherwise (except to an organization . conceived and orqanized to own and maintain the Common Property) without first receivins� approval from the Village of Tequesta ("Village"). In the event the Association (or any successor organization) fails at any time to maintain the Common Property in reasonab�le order and condition in accordance with the approved final development plan, then the Village can serve written notice by certified mail, return receipt requested, upon the Association -10- and upon each Owner within COCONUT COVE which notice shall s�t forth the manner in which the Association has failed to maintain the Common Property in reasonable order and aondition and shall demand that such failure be remedied within thirty (30) days of the sendinq of such notice or in the alternative that such Association appear before the Village at a specified time, at least ten (10) days, but not more than thirty (30) days after the sendinq of such notice, either to contest the alleged failure to maintain Common Property or to show cause why it cannot remedy such failure within the thirty (30j day period. If such failure has not been remedied within the thirty �30j day period or such lonqer period as the Villaqe nay have allowed, then the Village, in order to preserve the taxable values of the real property ' within the development and to prevent the Common Property from becominq a public nuisance, it shall hold a public hearinq to consider the advisability of the Villaqe entering upon such Common Property and maintaininq them for a period of one (1) year. Notice of such hearinq shall be sent certified mail, return receipt requested, to the Association and to each Owner , within COCONUT COVE and shall be published one time in a newspaper of qeneral circulation published in the Village. Such matters shall be sent and published at least fifteen (15) days in advance of the hearinq. At such hearing, the Village may determine that it is or.is not advisable for it to enter upon such Common Property, takinq possession of them and maintain them for one (1) year. The Villaqe shall be qranted such right of entry, possession and maintenance, provided that the above procedures have been followed, and in such event, such entry, possession and maintenance shall not constitute a trespass. However, such entry, possession and maintenance shall not give the public any right to use the Common Property. The Village may, upon public hearinq with not3ce qiven and published in the same manner as al�ove, return possession and maintenance of such Common Property to the Association, or successor orqanization, abandon such possession and maintenance, or continue such possession and maintenance for additional one (1) year periods. • The cost of mainte�nance by the Village shall be assessed pro rata against the Lots within COCONiIT COVE that have a right to enjoyment of the Common Property and shall become a charge or lien on said Lots, and such charge shall be paid by the Owners of said Lots within thirty (30) days after receipt of a statement therefor. In the event the liens remain unpaid, then the liens for swns assessed pursuant to this paragraph may be enforced by judicial foreclosure in the same manner in which mortgaqes on real property may be foreclosed in Florida. All trees, shrubs, and groundcovers set aside for preservation must not be altered without prior approval from the Architectural Committee. � Q 29. Coconut Lane. The Association shall maintain Coconut Lane in accordance with the Agreement between DecZarant and the Village dated �°:�_��: E, 1994 recorded in the Public Records of Palm Beach County, Florida, a copy of which ie attached as Exhibit "C." -11- IN WITNE83 WHEREOF, we have set our hands and seals this day of August, 1994. g • GORDON R. RIPMA STATE OF FLORIDA � � COUNTY OF PALM BEACH The fo=egoing Declaration of Covenants, Conditions and Restrictions of COCONUT COVE, was acknowledqed before me this day af August, 1994, by GORDON R RIPMA. ( SEAL) Notary Publ c-State of Flor da My Commission Expires:� -12- . EXHIBIT "A" The common Property is also known as "COCONUT LP,NE" as shown on the Plat of COCONUT COVE. -13- EXHIBIT "B" AGREEMENT THIS AGREEMENT made.by and between GORDON R. RIPMA, his successor or assigns, of Florida, with a mailinq addreaa of 142 Pine Hill Trail Weat, Tequesta, Florida 33469 (hereinafter referred to a� the "Owner" and the VILLAGE OF TEQUESTA, with a � mailing address of 357 Tequesta Drive, Florfda 33469 (hereinafter referred to as the "Villagep). WITNESSETH . 1. Owner acknowledqes that he is the owner in fee simple, and in possession of that certain real property situated in Palm Beach County, Florida, more particularly described in Exhibit "A" attached hereto and by reference made a part hereof ("Property"). . 2. Owner has applied for the subdivision of the Property with the Villaqe.. The Villaqe has requested Owner, pursuant to its subdivision approval proce�s to construct and maintain a certain entry roadway and entry right-of-way of the Property ("Coconut Lanep). NOW, THEREFORE for and in consideration of the sum of Ten Dollars ($10.00j�and other valuable consideration, the receipt of which is hereby acknowledged by each of the parties, the parties agree to the covenants herein, to be recorded for the Property. A. Owner hereby agreed �rith the Village to construct Coconut Lane in conformity with the plans and specifications submitted to and approved by the Village as described on Exhibit "A", attached hereto and by reference made a part hereof. In connection with�subdivision approval, Coconut Lane shall be dedicated to the Village. B. The owners of the Property or any lot therein shall maintain Coconut Lane in perpetuity for the benefit of, and to the satisfaction of, the Villaqe in accordance with all applicable statutes and ordinances in existence at the time.of • � this Agreement and in conformity with the plans and - specifications described on E�ibit "A�. In the event Coconut Lane is not maintained in accordance with this paragraph, the Village, subsequent to notice to the owners of the Property �and any lot therein, may maintain Coconut Lane and charge th� costs . ' -14- thereof to each such owner, his auccessor or assigns on a pro rata basis, and may lien any lot in the Property in the event the owner of that lot has failed to pay his pro rata charge. C. Owner makes no representation or warranty as to the right of title that it has in and to Coconut Lane but does by this instrument grant the Villaqe all of the riqht of ingress and egres8 that are within the power and control of Owner to qrant for the health, safety and welfare of the residents. This Aqreement 8ha11 be an appurtenance to the Property and shall run with the Property in perpetuity unless modified or terminated by the parties hereto in writinq and recorded in'the public records of Palm Beach County, Florida. This Agreement shall bind and inure to the benefit of the parties hereunder and their successors and assiqns. IN WITNESS WHEREOF, this Agreement has been executed as of the day of , 1994. ' GORDON R. RIPMA VILLAGE OF TEQUESTA g . Its: STATE OF FLORIDA COUNTY OF PALM BEACH On this day of , 1994, before me, the subscriber, personally appeared GORBON R. RIPMA, to me personally known and known to me to be the same person described in and who executed the foreqoing instrument, and he duly acknowledged to me that he executed the same. (SEAL) Notary Publ c, State of Flor da At Larqe My commission expires: � -15- STATE OF FLORIDA COUNTY OF PALM BEACH On this day of , 1994, before me, the subscriber, personally appeared , to me personally known who, being by me duly sworn did depose and say that he resides in , that he is the of the VILLAGE OF TEQUESTA, and that he � s gned h s name thereto. (SEAL) � - Notary Publ c, State of Flor da At Large My commission expires: 0 -16- Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.