HomeMy WebLinkAboutAgreement_General_03/29/1989 MAR- 01 :5171 -m 89— x&9_
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DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS,
EASEMENTS, RESERVATIONS AND SERVITUDES FOR CYPRESS RIDGE
THIS DECLARATION made on the date set out below by FIRST
UNION NATIONAL BANK OF FLORIDA, successor to the Bank of Palm
Beach and Trust Company, as trustee under L.T. Nos. 200 and 400,
hereinafter referred to as Declarant.
W I T N E S S E T H:
WHEREAS, Declarant is the owner of certain real property
located in Palm Beach County, Florida, more particulary described
as Lots 1 through 47, Plat Of Cypress Ridge, according to the plat
thereof on file in the office of the clerk of the circuit court in
and for Palm Beach County, Florida, in Plat Book 62, Pages 103
through 105, and desires to create thereon a residential community
known as Cypress Ridge, consisting of 47 residential lots and
certain common areas created for the benefit of said community;
and,
WHEREAS, the Declarant makes the following Declaration,
intending that said Declaration shall constitute a covenant
running with the land aforesaid land, and shall be binding upon
the undersigned, as well as all persons deraigning title through
the same; and,
WHEREAS, Declarant desires to provide for the
preservation and the enhancement of the property values and for
maintenance of the real property above - described and improvements
thereon for the benefit of and limitation upon all present and
future owners of said real property; and,
WHEREAS, the Declarant has incorporated under the laws
of the State of Florida the Cypress Ridge Homeowners Association,
Inc., a non - profit corporation, for the purpose of owning,
maintaining, and administering certain common areas improved by
the Declarant by collecting and disbursing assessments and charges
and by enforcing the covenants and restrictions contained herein
for the promotion of the recreation, health, safety and welfare of
the owners.
NOW THEREFORE, the Declarant declares that the real
property above - described is and shall be held, transferred, sold,
conveyed and occupied subject to the covenants, restrictions,
M reservations, easements and servitudes hereinafter set forth.
ARTICLE I
DEFINITIONS
Section 1. "Articles of Incorporation" shall mean and
refer to the Articles of Incorporation of the Association, as may
be amended by the Association.
Section 2. "Association" shall mean and refer to the
Cypress Ridge Homeowners' Association, Inc., a corporation not for
profit, organized under the laws of the State of Florida, its
successors and assigns.
Section 3. "Bylaws" shall mean and refer to the Bylaws
of the Association, as may be amended by the Association.
Section 4. "Common Area" shall mean Parcels A, B, C and
E as depicted on the Plat of Cypress Ridge. The Declarant shall
convey the title to the Common Area by a trustee's deed to the
Association.
Section 5. "Cypress Ridge" shall mean and refer to the
single family lots (lots 1 through 47) and the Common Area as
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shown on the Plat of Cypress Ridge, according to the plat thereof
on file in the office of the clerk of the circuit court of Palm
Beach County, Florida, in Plat Book 62, Pages 103 -105.
Section 6. "Declarant" shall mean and refer to the
First Union National Bank of Florida, as trustee under L.T. No.
200 and 400, its successors, assigns and designees.
Section 7. "Declaration" shall mean the covenants,
restrictions, reservations, easements, and servitudes and all
other provisions herein set forth in this entire document, as may
be amended in accordance with the terms herein.
Section 8. "Lot" shall mean and refer to a parcel of
real property on which a single family residence is to be
constructed and shall specifically mean a lot as depicted on the
Plat of Cypress Ridge referred to in Section 3 hereof.
Section 9. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities of fee simple title
to any lot in Cypress Ridge.
Section 10. "Residence" shall mean and refer to an
individual, single family home constructed and situated upon one
lot in Cypress Ridge.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owner's Easement of Enjoyment Every Owner
shall have a right and easement of enjoyment in and to the Common
Area which shall be appurtenant to and shall pass with the title
to every lot, subject to:
A. The right of the Association to suspend any
Owner's voting rights for a period not to exceed sixty (60) days
for any infraction of its published rules and regulations.
B. The right of the Association to dedicate or
transfer all or any part of the Common Area to any public agency
for such purposes and subject to such conditions as may be agreed
to by two - thirds (2/3). of each class of members of the Association
as defined herein.
C: - The right of the Association to establish
reasonable rules regulating the use of the Common Area and to
assess reasonable fees for the maintenance and repair of the
Common Area.
D. The right of the Association to mortgage any
or all of the facilities constructed on the Common Area for the
purpose of improvement or repair to Association land for
facilities pursuant to approval of two- thirds (2/3) of each class
of members of the Association as defined herein.
E. The right of the Declarant to grant to others
non - exclusive easements of ingress and egress over that part of
the Common Area designated for road purposes.
Section 2. Delegation of Use Any owner may delegate
his right of enjoyment to the Common Area and facilities to the
members of his family, his guests and his tenants, provided that
the right of enjoyment of the Common Area and facilities of said
Owner has not been suspended by the Association, which delegation
shall be subject to the rules and regulations as established by
the Association and the conditions and restrictions contained
herein.
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ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership Each Owner shall become a
member of the Association upon acceptance of the deed of
conveyance to his lot and nothing herein shall be construed to
include in the membership of the Association any person or entity
who holds an interest merely as security for the performance of an
obligation. Membership shall be appurtenant to, and shall not be
severed from, ownership of any lot which is subject to
assessment. As a member of said Association, each Owner shall be
governed by the Articles of Incorporation, the By -Laws, the Rules
and Regulations adopted by the Association and this Declaration.
Section 2. Voting Rights The Association shall have
the following two (2) classes of voting members:
Class A : All Owners, other than the Declarant,
shall constitute Class A members and shall be entitled to one (1)
vote for each lot owned. When more than one person owns any lot,
any such persons shall be members of the Association and entitled
to vote. The vote for any such lot shall be exercised as the
Owners, among themselves, determine, but in no event shall more
than one vote be cast by said Owners with respect to any one lot.
Class B : The Declarant shall be the sole Class B
member and shall be entitled to three (3) votes for each of the 47
lots in Cypress Ridge, totalling 141 votes. The Class B
membership shall cease to exist and shall be converted to Class A
membership upon the occurrence of the earlier of the following
events:
1. When the total votes in the Class A
membership equal the total votes in the Class B membership;
2. At such time as the Declarant elects to
terminate his control of the Association; or
3. Four (4) years from the date of the first
closing of a lot in Cypress Ridge.
Once the-, Class B membership ceases to exist, the
Declarant will be entitled to one (1) vote for each lot owned by
it in Cypress. Ridge. Provided however, as long as the Declarant
owns - at least one (1) lot in Cypress Ridge, the Declarant will be
entitled to appoint one (1) member to the Board of Directors.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal
Obligation of Assessments The Declarant and each Owner of any
lot, by acceptance of a Deed or acquisition of title in any manner
whatsoever, is deemed to covenant and agree, to pay the
Association the following:
A. Annual assessments Assessments shall be
levied for the purpose of paying the expenses of the Association
in performing all duties required of it, including the costs and
expenses of maintaining the Common Area. All such assessments
shall be levied in equal amounts against each lot owned by a
member of the Association, subject to the provisions of Section
2(b)(2) of this Article IV. Annual assessments shall include, but
not be limited to, the following expenses:
1. Taxes Any and all taxes levied or
assessed at any and all times upon the Common Area and all taxing
authorities, including all taxes, charges, assessments • and
impositions and liens for public improvements, special charges and
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assessments and water drainage districts, and in general all taxes
and tax liens which may be assessed against the Common Area and
against any and all personal property and improvements which are
now or which hereafter may be placed thereon, including any
interest, penalties and other charges which may accrue on such
taxes.
2. Utility Charges All charges levied for
utilities providing services for the Common Area, whether supplied
by a private or public firm, including, without limitation, all
charges for water, gas, electricity, telephone, sewer, and any
other type of utility or any other type of service charge.
3. Liability Insurance ,The costs of the
policy or policies of insurance in the form generally known as
Public Liability and /or Owners policies insuring the Association
against any and all claims and demands made by any person or
persons whomsoever for injuries received in connection with the
operation and maintenance of the Common Area and improvements and
buildings located thereon, or for any other risk insured against
by such policies which the Association, in its sole discretion,
determines to insure against. Each Policy purchased by the
Association shall have limits of not less than $1,000,000 covering
all claims for personal injury and property damage arising out of
a single occurrence. The coverage of the liability insurance
policies purchased by the Association shall include protection
against water damage liability, liability for non -owned and hired
automobiles, liability of hazards related to usage, and liability
for property of others. All such policies will name the
Association (and Declarant) as their respective interests may
appear, as the insured under such policy or policies.
4. Other Insurance The cost of the policy
or policies of insurance to allow the Association to insure any
and all buildings or improvements now located or which may
hereafter be located, built or placed upon the Common Area against
loss or damage caused by or resulting from at least the following:
fire and other hazards covered by the standard extended coverage
endorsement, and by sprinkler leakage, windstorm, vandalism,
malicious mischief, water damage, debris removal and cost of
demolition, and such other risks as the Board shall determine are
customarily covered with respect to developments similar in
- Consbruction_,__location and use.
5 Miscellaneous Insurance The cost of
premiums of such forms of. insurance and in such coverages as the
Association shall determine for the protection and preservation of
the Common Area. such insurance may include, without limitation,
workmen's compensation insurance and flood insurance. -
6. Maintenance, Repair and Replacement Any
and all expenses necessary to (a) maintain and preserve the Common
Area, including such expenses as grass cutting, tree trimming,
sprinkling and the like; (b) keep, maintain, repair and replace
any and all buildings, improvements, personal property and
furniture, fixtures and equipment upon the Common Area in a manner
consistent with the development of Cypress Ridge, as well as the
covenants and restrictions contained herein; and (c) keep,
maintain, repair and replace the privacy wall or landscaping
constructed within the "buffer easement" lying along the easterly
boundary of Cypress Ridge as depicted on the Plat thereof.
7. Operational Expenses The cost of
administration for the Association, including any secretarial,
bookkeeping services required to carry out the obligations and
covenants of the Association under this Declaration. In addition,
the Association may retain a managing company or contractors to
perform or assist in the performance of certain obligations of the
Association hereunder. The fees or costs of any management
company or contractor so retained shall be deemed to be part of
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the Association Expenses.
8. Fidelity Coverage The cost, upon prior
approval of two - thirds (2/3) of the Association, of purchasing
adequate fidelity insurance or bonds to protect against dishonest
acts on the part of officers, directors, trustees, agents and
employees of the Association and all other persons who handle, or
who are responsible for handling, funds of the Association. Such
fidelity insurance shall meet the following requirements:
(a) All such fidelity insurance or bonds
shall name the Association as an obligee; and
(b) Such fidelity insurance or bonds
shall be written in an amount no less than 150% of the estimated
annual operating expenses of the Association, including the
"Capital Contributions" hereinafter described; and
(c) Such fidelity insurance or bonds
shall contain waivers of any defense based upon the exclusion of
persons who serve without compensation from any definition of
"employee" or similar expression; and
(d) Such insurance or bonds shall provide
that they may not be cancelled or substantially modified
(including cancellation for non - payment of premium) without at
least thirty (30) days prior written notice to the Association.
9. Indemnification The cost to the
Association to indemnify and save harmless Declarant from and
against any and all claims, suits, actions, damages, and /or causes
of action arising from any personal injury, loss of life, and /or
damage to property sustained in or about the Common Area, or the
appurtenances thereto, from and against all costs, counsel fees,
expenses and liabilities incurred in and about any such claim, the
investigation thereof or the defense at any levels of any action
or proceedings brought thereon, and from and against any orders,
judgments, and /or decrees which may be entered therein. Included
in the foregoing provisions for indemnification are any expenses
athat-" may incur in (i) bringing suit for the purpose of
iniforc.ing rights." hereunder, or (ii) compelling the specific
, :enforcement of the provisions, conditions, covenants and
restrictions contained in. this Declaration to be kept and
performed by the Association and /or the Owners, including the
payment of expenses of the,Association;: as- well as the costs to
'the of. indemnifying its officers and members of its
Board of Directors for all costs and expenses whatsoever incurred
in the pursuance of their duties of such actions (including,
without limitation, counsel fees and costs at all levels of any
trial or proceeding, costs or investigation and .discovery, any
recovery, etc.) Nothing in the provisions of this subparagraph
shall require an Institutional Mortgagee to pay any Association
Expenses or portion thereof attributable to costs to the
Association to indemnify and save harmless Declarant in accordance
with such subparagraph. Any such Association Expenses shall be
reallocated amongst the Owners other than the Institutional
Mortgagees.
10. Miscellaneous Expenses The cost of all
items of expense pertaining to or for the benefit of the Common
Area, or any part, not herein specifically enumerated and which is
determined to be a Common Area Expense by the Board.
B. Reserve Funds Funds may be collected to
establish an adequate reserve fund for replacement and /or capital
refurbishment of facilities and amenities contained in the Common
Area (the "Capital Contributions ") in amounts determined proper
and sufficient by the Board. Each Owner acknowledges, understands
and consents that Capital Contributions are the exclusive property
of the Association as a whole and that no Owner shall have any
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Cypress Ridge Declaration
interest, claim or right to any such Capital Contributions or fund
composed of the same. The Association shall be responsible for
maintaining the Capital Contributions in a separate reserve
account and to use such funds only for capital costs and expenses
as aforesaid.
C. Special Assessments Assessments for capital
improvements, capital reserve, emergencies and non - recurring
expenses may be imposed, which assessments shall be equally
divided among the lots. Any special assessment as shall be levied
by the Board as a result of (a) extraordinary items of expense
under this Declaration; (b) the failure or refusal of other Owners
to pay annual assessments; and (c) such other reason or basis
determined by the Board which is not inconsistent with the terms
of this Declaration or of any of the Association documents.
D. Expenses of Enforcement and Damages An
assessment may be imposed to pay for the expenses incurred in the
enforcement of any of the provisions of this Declaration,
including attorney's fees, court costs, as well as assessments,
charges, costs and expenses charged against any Owner for damage
or loss caused by said Owner.
All of the aforesaid assessments, as well as any others
imposed in this Declaration, together with interest thereon and
the costs of collection thereof as hereinafter provided, shall be
a charge on the land and shall be a continuing lien upon the lot
against which each such assessment is made from the date that the
same becomes delinquent. Each such assessment, together with
interest thereon and costs of collection thereof, shall also be
the personal obligation of the person or entity who is the Owner
of such lot at the time the assessment becomes due.
Section 2. Annual Assessments
A. Purpose of Assessment The annual assessment
levied by.the Association shall be used exclusively to promote the
recreation, health, safety and welfare of the residents of Cypress
Ridge Homeowners Association, and particularly for the
improvement, maintenance and operation of the Common Area and
_pc B:. Basis for Assessment
1.. Lots not.owned by the Declarant Each lot
which,is owned by an individual or entity other than the Declarant
shall be assessed its pro rata share of the annual budget adopted
by the Association for the operation and maintenance of those
areas and facilities prescribed herein and in accordance with the
By -Laws and the Articles of Incorporation. The pro rata share of
any such lot shall be the quotient of the annual budget divided by
forty -seven (47) , whether or not such lots are owned individually
or_by the Declarant, subject to Subsection 2 hereunder.
2. Declarant -owned lots Notwithstanding
anything else herein to the contrary, while the Class B membership
exits, the Declarant will not be obligated to pay the assessment
levied on Class A members for any lot owned by the Declarant in
Cypress Ridge.
C. Annual Increase In Assessment The annual
assessment may be increased each year by not more than fifteen
(15 %) percent above the annual assessment established for the
prior year; provided however, that the annual assessment may be
increased in any year above the fifteen (15 %) percent limit with
the approval of two - thirds (2/3) of each class of members of the
Association who are voting in person or by proxy at a meeting
properly convened for such purpose.
D. Method of Assessment By a vote of two - thirds
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(2/3) of the Directors, the Board shall fix the annual assessment
in an amount sufficient to meet the obligations imposed by the
Declaration; provided however, that the Board shall not exceed the
limitation contained in Section 2(C) above. The Board shall set
the date such assessments shall become due and provide for the
collection of same in accordance with the Bylaws and the Articles
of Incorporation.
Section 3. Special Assessments In addition to the
annual assessments authorized above, the Association may levy in
any assessment year a special assessment applicable to that year
and not more than the next two (2) succeeding years for the
purposes described in Section 1(C) above or for working capital
reserve, emergency or non - recurring expenses, provided that any
such assessment shall require the consent of two - thirds (2/3) of
each class of members of the Association who are voting in person
or by proxy at a meeting properly convened for such purpose.
Section 4. Date of Commencement of Annual Assessments
and Contribution to Budget The initial annual assessment
provided for herein shall commence and become due for all lots on
the first day of the month following the conveyance of the Common
Area to the Association, which initial annual assessment shall be
adjusted according to the number of months remaining in the
calendar year. After the initial annual assessment, the Board of
Directors shall fix the amount of the annual assessment for
succeeding calendar years at least thirty (30) days in advance of
the year for which the assessment is made. Written notice of the
annual assessment shall be sent to each Owner subject thereto and
shall specify the date on which said assessment is due. The
annual assessment for each lot shall be due in advance on the
first day of each calendar year of the year for which the
assessment is made; provided however, the Owner shall pay to the
Association at the initial closing of his lot the prorated annual
assessment. In addition to the annual assessment, each Owner
shall be obligated to make a one time contribution in advance at
closing in the:.°sum _of....$ -50.00 for the purpose of initially funding
the items of the budget permitted under this Declaration, as well
as the Articles of Incorporation and the By -Laws. The Association
shall, upon demand and for a-.-reasonable charge, furnish a
certificate signed by an officer of the Association confirming
whether the assessments on any specified lot have been paid. A
properly executed certificate„ of..,the...Association as to the status
of the assessment on a lot is binding upon the Association as of
the date of its issuance,., _.._
Section 5. Effect of Non- Payment of Assessments:
Remedies of the Association Any assessment not paid within
fifteen (15) days after the due date shall be delinquent and shall
bear interest from said due date at the highest percentage rate
allowable under the laws of the State of Florida. The Association
may bring an action at law against the Owner personally obligated
to_ pay the same and foreclose on the lien provided under Section
1(c) of this Article IV in the same manner that mortgages on real
property are foreclosed, including all costs of collection. No
Owner may waive or otherwise escape liability for the assessments
provided for herein for non -use of the Common Area or abandonment
of his lot. Each Owner, by acceptance of the deed to his lot,
hereby waives his homestead exemption against an forced sale as
set out in Article X, Section 4 of the Constitution of the State
of Florida insofar as same may be a defense to the enforcement of
a lien described herein. Reference to "costs of collection" in
this Declaration shall include attorney's fees and court costs at
both the trial and the appellate levels.
Section 6. Lien Priority and Foreclosure Actions The
lien of the assessments provided for herein shall be subordinate
to the lien of any first mortgage. When the mortgagee of any
mortgage of record, or other purchaser, of a lot obtains title to
same as a result of a foreclosure of said mortgage, or as a result
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of a deed given in lieu of foreclosure, such acquirer of title and
his successors and assigns shall not be liable for the share of
common expenses or assessments levied by the Association on the
lot or chargeable to the former Owner of the lot which became due
prior to acquisition of title as a result of the foreclosure,
unless notice of a claim of lien for said share of the assessments
is recorded in the appropriate public records prior to the
recording of the foreclosed mortgage. The unpaid share of common
expenses or assessments are collectible from all of the Owners,
including such acquirer and his successors and assigns. A
mortgagee acquiring title to a lot as a result of a foreclosure,
or a deed in lieu of foreclosure, shall not be excused from the
payment of said common expenses and assessments coming due during
its period of ownership. Other than the transfer of title by
foreclosure or deed in lieu thereof, no sale or transfer shall
relieve any lot from the liability of the lien of any assessments
imposed hereunder. In the event that a first mortgagee pays any
special or general assessment or other charge levied against the
lot encumbered by the mortgage, which assessments or charges were
not timely paid by the Owner, then, upon such payment, the first
mortgagee shall be subrogated to the lien of any such assessment
or charge and may foreclose same in the manner prescribed herein.
Section 7. Exempt Property The following property or
interest therein shall be exempt from the lien created herein:
1. Any easement or other property interest
dedicated and accepted by the local public authority and devoted
to public use, provided said local public authority agrees to pay
all expenses for the maintenance of same; and,
2. All of the Common Area depicted on the plat of
Cypress Ridge.
Except for those matters described in Subparagraphs 1 and 2 above,
all other property in Cypress Ridge, including all lots (1 through
47) contained therein, shall be subject to a lien for assessments,
provided that the Declarant's liability for assessments shall be
limited by Section 2(B)(2) of this Article IV.
�= Section 8. Maintenance of Property and Liability_
Insurance for the_ Common Area. The *Association shall purchase
'such property and liability insurance =as may be necessary on the
Common =- -Area. to protect the Association - and its .individual
the event of any casualty loss in the Common Area,
the Association shall be the agent on behalf of all Owners and
shall adjust such loss on their behalf. The assessments for said
property and liability insurance on the Common Area shall be
included in the annual assessment and paid in accordance with
Article IV, Section 1.
Section 9. Notice and Quorum for Any Action Authorized
Under Section 2(c) and 3 . Written notice of any meeting called
for the purpose of taking any action authorized under Section 2(c)
and 3 shall be sent to all members not less than thirty (30) days,
nor more than sixty (60) days, in advance of the meeting. At such
meeting, the presence of members or of proxies entitled to cast a
majority of all of the votes of the entire membership shall
constitute a quorum.
Section 10. Failure to Maintain Common Areas and Lien
in favor of Village of Tequesta The Association and its
successors shall be obligated to maintain the Common Area. In the
event that the Association, or its successors, fails to maintain
the Common Area in a manner and condition reasonably satisfactory
to the Village of Tequesta, the Village may serve written notice
by certified mail, return receipt requested, upon the Association
and upon each Owner of a Lot stating the specific manner in which
the Association has failed to maintain the Common Area and may
require the Board of Directors of the Association to appear before
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the Village Council at a specified time (at least ten days, but no
more than thirty days, after the receipt of such notice) either to
contest the alleged failure to maintain or to advise why such
failure can not be remedied within thirty (30) days. If the
Council determines that the Association has failed to maintain the
Common Areas in the manner described herein and the Association
thereafter fails to cure the same within the period prescribed by
the Council, the Village may enter upon such Common Areas and
restore the same to a condition of reasonable order. Any such
entry shall not be deemed a trespass, provided that it is in
accordance with the aforesaid procedure. The cost of such
maintenance and restoration shall be assessed ratably against the
Lots in Cypress Ridge that have a right to enjoyment of the Common
Areas and shall become a charge and lien on said Lots, which
charges shall be paid by the Owners of same within thirty (30)
days after receipt of a statement therefor. Nothing herein shall
be construed to give the public any right to use the Common Area
or any of its elements.
ARTICLE V
EXTERIOR MAINTENANCE
In the event an Owner of any Lot in Cypress Ridge shall
fail to reasonably maintain the premises and the improvements
situated thereon commensurate with the neighborhood, the
Association, after approval by two - thirds (2/3) vote of the Board
and ten (10) days prior written notice to the offending Owner,
shall have the right, through its agents and employees, to enter
upon said parcel and to repair, maintain, and restore the Lot and
the exterior of the buildings and any other improvements erected
thereon. The cost of such exterior maintenance, plus reasonable
costs to the Association, shall be added to, and become part of,
the assessment to which such Lot is subject.
ARTICLE VI
MINIMAL STANDARDS AND USE OF THE PROPERTY
Section 1. Minimal Standards All Owners of lots in
Cypress Ridge shall comply and conform to, the following
minimal-standards for. = construction:
F.� �,...., A. r. Wo. residence having a living area of less than
1 500 square feet ( if single story) or 1,800 square feet ( if two -
story), exclusive -.of porches, terraces, porticoes, patios, utility
rooms and garages, shall be erected constructed or maintained on
any lot.
B. No roof design having a minimum roof pitch of
less than 5:12 shall be allowed on any main living area or garage
shall be constructed on any lot. All sloped roofs, except porch
roofs located at the rear of the residence (and which shall not be
visible from the street) , shall consist of thick wooden cedar
shakes, barrel tile, cement tile, ceramic tile or asphalt
shingles; provided however, asphalt shingles shall be of the type
that have a three dimensional effect comparable to cedar shakes or
barrel tile. The color and styles (including weight and texture)
of roof tiles shall be approved by the Architectural Review
Committee.
C. No residence shall be constructed without
providing an attached garage with a minimum width of twenty (20
feet and a minimum area of four hundred (400) square feet. All
garages shall be connected with the street by a concrete, surfaced
driveway. No carports or unenclosed garages shall be erected.
D. No residence more than two stories in height
shall be constructed or maintained on any lot.
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E. Unless otherwise approved by the Architectural
Review Committee, construction of approved improvements shall
commence within ninety (90) days of approval by the Architectural
Review 'Committee and shall proceed continuously and be completed
within a reasonable time. In no event shall any construction of
any residence exceed twelve (12) months, unless an extension is
approved in writing by the Architectural Review Committee. No
residence shall be occupied until construction is completed as
determined by the Architectural Review Committee.
F. No outbuilding, shed, tent, trailer or
temporary building of any kind shall be constructed or maintained
on any lot and no outbuilding, shed, tent, trailer or temporary
building shall be occupied for temporary or permanent residential
purposes; provided that, nothing herein shall prevent the use of a
temporary construction shed or trailer during the period of actual
construction of a residence. An owner shall provide adequate
sanitary toilet facilities for workmen during the construction
period.
G. All fences must be approved by the
Architectural Review Committee prior to erection, and must not be
higher than six (6) feet. On corner lots, a fence or hedge may
not exceed three (3) feet in height for a distance of twenty -five
(25) feet in each direction from the corner.
H. Driveways shall be construed by each owner,
simultaneous with the construction of a home on the lot, and shall
be ten (10) feet minimum in width, of concrete, brick, tile or
other approved material (except for asphalt which shall be
prohibited), and whether straight or curved, in all cases shall
provide continuous access from road to garage.
I. All solar collectors and other apparatus shall
not be visible from the street in front of the dwelling house.
J. All lots shall be fully landscaped immediately
upon completion of construction of the Residence. Each lot shall
have a Queen Palm tree located thereon with a minimal height of
twelve (12' ) feet, which-_tree:.--shall_. be maintained by the owner of
each�Lot _ -The tree shall be planted in the area lying between the
s the pavement of the street in the approximate center
of the lot and shall not be removed unless it is replaced with a
tree of like kind. If �the i-s not- maintained, or in the event
the .is removed and not replaced with one of like kind, the
Village of Tequesta may undertake to plant the same and shall be
entitled to impose a lien on the lot in the manner provided in
Section 10 of Article IV of this Declaration. All corner lots
shall have two such palm trees installed and maintained. All
yards must be fully sodded or otherwise landscaped from the street
to the rear property line of the lot. An automatic underground
lawn sprinkling system shall be installed of sufficient size and
capacity to fully water the entire lot of all grass and shrubbery.
K. All public utility wires, lines, cables and
pipes, including without limitation, all telephone, electrical and
cable television wires shall be installed underground from the
dwelling or outbuilding to the street or utility easement.
L. No air - conditioning, heating, or other
appliances of any kind shall be constructed or placed upon any
roof of any building or any part thereof, except solar heating
units approved by the Architect Review Committee.
Section 2. Use of the Property All Owners and lessees
of each lot shall conform to, and comply with, the following
restrictions:
A. No building, other than a detached single
family residence with attached garage, shall be constructed or
Page 10
Cypress Ridge Declaration
ORB 6015:z Ps 231
maintained on any lot. No residence, nor any portion of any lot,
shall be used for any purpose other than as a residence for
occupancy by a single family.
B. No lot shall be wholly or partially used for
commercial purposes of the Owner or any lessee or occupant
thereof. No business of any kind whatsoever shall be erected,
maintained, operated, carried on, permitted or conducted on said
property, or any part thereof, and without limiting the generality
of the foregoing, no store, market, shop, mercantile
establishment, quarry, pit, undertaking establishment, crematory,
cemetery, radio tower, auto camp, trailer camp or haven, hospital,
public baths, school, kindergarten, nursery school, sanitarium,
asylum, or institution; provided however, nothing herein shall
prevent the Declarant from using any one or more of the lots and
Residences as a sales or construction office.
C. No animals, birds or fowl, including but not
limited to hogs, cattle, cows, goats, sheep, rabbits, hares,
horses, ponies, donkeys, burros, pigeons, pheasants, game birds,
game fowl, or poultry (except as hereinafter permitted) shall be
kept or maintained on any part of said property; provided however,
dogs, cats, and pet birds may be kept on any lot in reasonable
numbers as pets for the pleasure and use of the occupants of said
lot, but not for any commercial use or purpose. In no event shall
any roosters, guinea hens, pigeons or other noisy fowl be kept for
any purpose on any lot. No pets shall be allowed to roam
unattended. An Owner shall be obligated to clean up the excrement
of his pets deposited in the Common Area.
D. No trailers, mobile home, motor home,
motorcycles, campers, boats, or trucks of any nature shall. be kept
or stored on any lot, except within an enclosed garage; provided
however, that nothing contained in this paragraph shall preclude
service and delivery vehicles from using the streets and servicing
the homes. There shall be no assembling or disassembling of motor
vehicles. All motorcycles and motor vehicles, including but not
limited to mopeds and all terrain vehicles (ATV), shall be
maintained-so as not to produce offensive or vociferous noises as
determined by the.Board of Directors in its absolute discretion.
shall-.-be allowed to grow in an
unst-ghtly- 4condition nor . shall_any lot be used as a junk yard or
forL-storaggr -of unlicensed-;or,- inoperable. vehicles.
F. Garbage receptacles shall be in complete
conformity with County sanitary 'rules 4 and regulations. All
garbage cans and trash containers shall be kept, stored and placed
in an area not visible from the street or any other lot, and in no
event shall an underground container be constructed in a right -of-
way or easement.
G. No signs of any kind may be displayed on any
lot (except one temporary sign not exceeding four (4) square feet)
or on any Residence, without the written permission of the Archi-
tectural Review Committee, which shall have the right of absolute
discretion to prohibit, restrict and control the size, material
and location of all of said signs. The Association shall also
have the right to summarily remove all unauthorized signs. The
Declarant shall have the right to display signs in the Common Area
or on any lot or Residence used as a sales office or on any other
Residences or lots offered for sale in Cypress Ridge, which signs
advertise or identify the Declarant, its sales office or the
Residences and lots offered for sale. The Declarant also reserves
the right for itself or its designees to display any signs
advertising the rental or re -sale of Residences and lots in
Cypress Ridge.
H. Mailboxes shall be of uniform design as
approved by the Architectural Review Committee and shall be placed
Page 11
Cypress Ridge Declaration
where approved by same; provided however, all mailboxes shall be
sufficiently close to the edge of the street pavement so that no
vehicle will be required to leave the pavement to effect delivery
to the mailbox.
I. No outdoor clothesline of any kind shall be
constructed or used, nor shall any clothes or cloth materials of
any kind be placed outside of any building for drying or airing.
J. No Residence, garage, outbuilding or other
structure or improvement and no tree, bush, shrub or landscaping
of any kind shall be built, installed or maintained upon any
easement, or right -of -way and said easements and rights -of -way
shall at all times be open and accessible to the persons entitled
to the use thereof. Notwithstanding the foregoing, landscaping
approved by the Architectural Review Committee shall be maintained
by each lot owner in front of each lot to the street and in the
rear of each lot.
K. No noxious, dangerous or offensive thing,
activity or nuisance shall be erected, maintained, operated,
carried on, permitted or conducted on said property, or any part
thereof, nor shall anything be done thereon which may be, or
become an annoyance or nuisance to the neighborhood, as determined
by the Board of Directors in its absolute discretion. No Owner or
lessee shall make or permit any disturbance that will interfere
with the rights, comforts, or convenience of others.
L. No immoral, improper, offensive or unlawful
use shall be made of any lot, dwelling house or other improvement
and all valid laws, zoning ordinances and regulations of all
governmental bodies having jurisdiction shall be strictly
observed.
M. No lot shall be further subdivided by any
Owner and no portion of any such lot, or easement or other
interest appurtenant thereto, shall be conveyed or transferred
other than an undivided interest as a tenancy in common or joint
tenancy. No easement or other interest appurtenant to any lot
shall be severed from said lot and all'such appurtenant interests
shall only be conveyed by and with the conveyance of an entire
lot.
N. Owners and lessees shall be responsible for
all property damage to the Common Area caused by their children,
guests or invitees.
O. In addition to the foregoing, all Owners and
lessees of lots in Cypress Ridge shall abide by all other
provisions of this Declaration, the Articles of Incorporation, the
By -Laws, and the rules and regulations adopted by the Association.
Section 3. Streets, Easements and Additional
Restrictions, Rules and Regulations
A. No title to any land in any street is intended
to be conveyed, or shall be conveyed, to the grantee under any
deed, or the purchaser under any contract of purchase, unless
expressly so provided in such deed or contract of purchase.
B. Declarant may include in any contract or deed
hereafter made additional protective covenants and restrictions
not inconsistent with those contained herein and may solely amend
any rules and regulations adopted by the Association as long as
there is a Class B membership.
Section 5. Prohibition Against Modification of
Drainage Easements All elevations of drainage swales and ditches
constructed in the easements and rights of way depicted in Cypress
Ridge shall not be modified by any Owner of any lot in Cypress
Page 12
Cypress Ridge Declaration
ORS 6015 P9 233
Ridge without the written consent of the Declarant. In addition,
each owner shall maintain each swale and ditch on his lot so that
there will be no obstruction or interruption of the flow of water.
Each owner shall also keep said areas mowed and free of debris.
The finished grades of driveways, streets and access roads shall
also be maintained so as not to impede drainage in the swales.
ARTICLE VI
ARCHITECTURAL REVIEW COMMITTEE y
There is hereby established an Architectural Review
Committee whose duties and responsibilities shall be as
hereinafter set forth:
Section 1. Composition of the Committee The Committee
shall consist of three (3) persons. Members of the Board of
Directors may also serve as members of the Architectural Review
Committee. Until such time as the Declarant has completed the
sales of all lots, all of the members of the Architectural Review
Committee shall be selected by Declarant, unless Declarant shall
determine otherwise. Thereafter, all members of the Architectural
Review Committee shall be selected by the Board. In the event of
the failure, refusal or inability to act of any member of the
Architectural Review Committee, the remaining members shall have
the authority to designate a successor at the next ensuing meeting
or at a special meeting called for the purpose of filling such
vacancy.
Section 2. Review Procedure. No residence, building,
outbuilding, garage, swimming pool, fence, wall or any other
structure or improvement of any kind or nature whatsoever shall be
erected, constructed, placed, maintained, altered, repaired or
remodeled on any residential lot or any part thereof; nor shall
any trees, shrubs, bushes or other landscaping be installed,
planted, removed or destroyed unless prior to the commencement of
any such activity, three (3) complete copies of plans and
specifications therefor, prepared by an architect, landscape
architect, engineer or other.person who shall be approved by the
Architectural Review Committee, along- Vith name-and address of
the builder or general contractor, if any, shall have first been
submitted in writing for approval and approved in writing by the
Architectural Review Committee. In the event the information
submitted to the Architectural --,Review..Committee is, in its
opinion ;.: :Incomplete: or insufficient in any manner, it may request
and require the submission of additional information. Upon
approval of plans and specifications by the Architectural Review
Committee, all sets thereof shall be endorsed, and two sets shall
forthwith be returned by the Architectural Committee to the person
submitting the same. The remaining copy shall be retained by the
Architectural Review Committee and shall be part of the permanent
records of the Architectural Review Committee. In the event the
Architectural Review Committee shall disapprove of any plans or
specifications, written notice thereof shall be given to the
persons requesting approval. In the event the Architectural
Review Committee shall fail for a period of thirty (30) days after
the receipt of all submitted and requested data to approve or
disapprove of any plans or specifications or shall fail to give
written notice of disapproval within said period, the same shall
be deemed to have been approved. The plans and specifications
referred to above must include a plot plan for the lot on which
are located all trees, bushes and other natural vegetation.
Section 3. Discretion of Committee The Architectural
Review Committee shall have the sole discretion to approve or
disapprove all plans and specifications. In arriving at the
decision the Architectural Review Committee may consider such
factors and circumstances as it may deem appropriate including,
without limitation, architectural and engineering considerations,
aesthetic considerations, the present or future use of nearby
Page 13
Cypress Ridge Declaration
ORB 6015 Pg 234
lots, the size, shape and nature of the lot and nearby lots, the
natural terrain and vegetation of the lot or nearby lots, the
kind, quality and colors of the building materials, and the kind
and amount of proposed landscaping. The Architectural Review
Committee may require, as a condition of approval of plans and
specifications, that the owner of a lot plant and maintain a tree
or trees of a specified variety and size on the lot or in the road
right -of -way adjacent to the lot. In no event shall the
Architectural Review Committee approve any plans or specifications
which fail in any manner to meet with the minimum standards set
forth in this Declaration or which are in any manner in conflict
with any lot, rule or regulation of any governmental body having
jurisdiction.
Section 4. No Waiver The approval of the
Architectural Review Committee of any plans and specifications
submitted for approval, shall not be deemed to be a waiver of the
Committee of any right to object to any of the features or
elements embodied in such plans or specifications, if and when the
same features are embodied in any subsequent plans or
specifications submitted for approval or use on other lots.
Section 5. Conformity with Building Plans After plans
and specifications submitted have been approved by the
Architectural Review Committee •, no residence, building,
outbuilding, garage, swimming pool, fence, wall or other structure
or improvement of any kind and no tree, shrub, bush or other
landscaping shall be erected, constructed, placed, installed,
altered or maintained upon said property unless the same shall be
in conformity with the plans and specifications approved by the
Architectural Review Committee. If any such improvement of any
kind shall be erected, constructed, placed, installed, altered or
maintained on said property other than in accordance with the
approved plans and specifications, the same shall be deemed to
have been undertaken without the approval of the Architectural
Review Committee.
Section 6': Limitation After the expiration of one
year from the date of completion of any structure, improvement,
alteration:or landscaping,_ the same shall.be deemed to comply with
all provisions hereof, unless notice to the contrary shall be
given :*_to - of - _.the. property in question or legal
]roceo_dings have been instituted connection therewith.
:Section - 7... - _r Deleaation: of Authority The Architectural
Review :Committee _ may,... from time to time, delegate to one of its
members or an agent, the right to approve or disapprove plans and
specifications.
Section 8. Entry Upon Lot Any agent or member of the
Architectural Review Committee may at any reasonable time enter
upon any lot and inspect any building or property subject to the
jurisdiction of the Architectural Review Committee under
construction or upon which such agent or member may reasonably
believe that a violation has occurred or will occur.
Section 9. Enforcement The Architectural Review
Committee shall have the right and power to enforce the provisions
of this Declaration relating to its duties and responsibilities by
seeking and obtaining specific performance of each of these
covenants in a court of competent jurisdiction and the relief
sought and available to the Architectural Review Committee may
include, without limitation, enjoining the construction of
unapproved improvements and the removal of any offending
improvement. In any such suit, the prevailing party shall also be
entitled to recovery of all costs and expenses including court
costs and attorneys' fees.
Section 10. Prior Approval Required No person shall
seek or apply for a building permit from any governmental
Page 14
Cypress Ridge Declaration
ORB 6015 Pg 235
authority unless and until the approval of the proposed
improvements has been obtained from the Architectural Review
Committee. No person shall seek or apply for a certificate of
occupancy from any governmental authority unless and until the
approval of the completed improvements shall have been first
obtained from the Architectural Review Committee.
Section 11. Indemnification The Association shall
indemnify and hold harmless the members of the Architectural
Review Committee from all costs, expenses and liabilities,
including legal fees reasonably incurred by or imposed on such
members in connection with any claim, demand or proceeding in
which such member may be involved by reason of serving as a member
of the Architectural Review Committee.
ARTICLE VII
GENERAL PROVISIONS
Section 1. Duration All provisions of this
Declaration shall run with and bind the land until termination by
written consent of all Owners and all holders of recorded
mortgages affecting any of the lots. This Declaration may be
amended at any time, in whole or in part, by recording in the
public records of Palm Beach County, Florida, an instrument,
approved and accepted by seventy -five (75 %) percent of the
existing Owners and their mortgagees, agreeing to modify the
Declaration. However, the Declarant shall have the right to
amend, rescind or alter this Declaration without the joinder of
any Owner or mortgagee which holds a security interest in any lot
until it has sold and closed all lots in Cypress Ridge owned by
it, provided that any such amendment to the restrictions does not
(i) materially deviate from or change the development of Cypress
Ridge in accordance with the site and construction plan as
approved by the Village of Tequesta, or (ii) change the
qualifications, classes or voting rights of members in the
Association, or (iii) adversely affect the interests held by any
first mortgagee by abrogation or any other manner, or (iv) modify
the surface water management plan presently in effect for the
subdivision:without_the . written.consent of the South Florida Water
Management. District, or (v) - alter or abrogate the obligation of
thc.Association to maintain the Common Areas (failing which the
V- k11age ::_7 of. Tequesta , may _.:undertake such maintenance and -impose
liens on all Lots in Cypress Ridge to recover the costs of same)
without the written consent; of.: the Village of Tequesta.
Section 2. Enforcement In the event- an offending
Owner or lessee fails to remedy any violation of -a provision set
forth in this Declaration after notice has been given, then the
Association (including its appointed agents) and the Declarant,
jointly or individually, shall have the right to immediate entry
on the lot upon which such violation exists and may summarily
abate same at the expense of the Owner. In such event, the
Association may recover the cost of curing said violation. If the
Owner or lessee refuses to pay the costs of the Association in
curing such violation within fifteen (15) days after notice, the
Association may impose a lien on said Owner's lot in accordance
with Article IV for the amount of the costs involved in rectifying
said violation, together with costs of collection of attorney's
fees, and may foreclose said lien in the same manner as mortgages
on real property. In addition to the foregoing, the Association,
any Owner or the Declarant, whether jointly or individually, shall
have the right to enforce, by any proceeding at law or in equity,
all restrictions, conditions, covenants, or reservations now or
hereafter imposed by the provisions of this Declaration and any
such enforcing party shall be entitled to, inter alia injunctive
relief for any violation of this Declaration without demonstrating
irreparable harm or the inadequacy of a remedy at law. In the
event the Declarant seeks injunctive relief, the Declarant shall
not be obligated to post a bond as a condition precedent to the
Page 15
Cypress Ridge Declaration
ORB 601 Ps 2 36
issuance of a preliminary injunction, the same being waived by
each Owner upon acceptance of title to a Lot. The Association
shall also be empowered to impose fines upon any Owner and /or
lessee violating the terms of this Declaration for the period
during which said Owner and /or lessee continues to violate same,
which fine will be secured by the continuing lien created in
Article IV hereof. No imposition of a fine will constitute a
waiver of the right of the Association to collect the costs of
remedying violations of this Declaration or the costs (including
attorney's fees and court costs) of enforcing same.
Section 3. Severability Invalidation of any one of
these covenants or restrictions by judgment or a court order shall
in no way affect any other provisions, which shall remain in full
force and effect.
Section 4. Limitations Until the Declarant has closed
the sales of all lots in Cypress Ridge owned by it, neither the
Board of Directors, nor the members of the Association or any
committee or entity formed hereunder or in accordance with the
Articles of Incorporation or the By -Laws shall be entitled to
oppose the development of Cypress Ridge in accordance with the
site and construction plans and any other conditions imposed and
approved by the Village of Tequesta or any changes thereto
proposed by the Declarant which do not violate the terms of this
Declaration.
Section 5. Assignment All rights and powers of the
Declarant herein contained may be assigned or conveyed to any
other person or entity, and said person or entity shall evidence
its consent in writing to accept such assignment and to assume the
duties and powers previously assumed by the Declarant herein and
thereupon the Declarant shall be relieved of the performance of
any further duties or obligations hereunder to the extent of such
assignment.
IN WITNESS WHEREOF, Declarant, by an officer duly
authorized with the corporate seal affixed, has caused this
Declaration to be executed on this 4— day of March, 1989.
, • � ;; "kc�, _ - , - ,.,.�_.. - . _.�'.... ... FIRST NATIONAL BANK
trustee
?c'Y�" -. � :..: _ _ _. - . _ OF_ FLORIDA, as unde
�.:�- e,>•" _. .::,..... _„ L.T. Nos...200. & 400
Seal)
C,
Fogl man Vice President
es
Barbara Pezzul dmin. Asst.
State of Florida:
County of Palm Beach:
I certify that on this date before me, an officer duly
authorized in the State and County named above to take acknow-
ledgments, personally appeared J.W. FOGLEMAN and BARBARA PEZZULO
known by me to the persons described in and who executed the
foregoing instrument as President and Secretary respectively, of
First Union National Bank of Florida, a corporation organized
under the laws of the State of Florida. They acknowledged before
me that they executed the foregoing instrument as such officers in
the name and on be2alf of the corporation, and that they also
affixed thereto the official seal of the corporation.
WITNESS my hand and official seal in the County and
State named above this 2ci day of March, 1989.
Page 16
Cypress Ridge Declaration
ORB 6015 P4 237
Og cj YA
C = Notary Public
My commission expires:
' j �• '. ( -I1T0 t Sa NOTARY PUBLIC STATE OF FLORIDA
+` -�
1 1 �'' r° NY CONNISSION EXP JULY 19 ,1991
`'.,•�'
BONDED iHRU GENERAL instrument prepared by:
Ms M:
.� Girvin, Esq.
ouglas Rawls Girvin, P.A.
Suite 303, 50 U.S. Highway One
Jupiter, Florida 33477
Page 17
Cypress Ridge Declaration RECORD VERIFIED
PALM BEACH COUNTY, FLA
JOHN B. DUNKLE
CLERK CIRCUIT COURT