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HomeMy WebLinkAboutDocumentation_Regular_Tab 07D_07/28/1988r ~ r ~k ~ ar~ ~ 330 VILLAGE OF TEQUESTA APPLICATION FOR SUBDIVISION REVIEW NAME OF APPLICANT: Riveredge Develo pment Cor oration DATE: 6-30-88 MAILING ADDRESS: 237 North Krome Avenue, Homestead, FL 33030 PHONE' NUMBER: ( HOME> (BUSINESS)(305) 246-4404 LOT/PARCEL ADDRESS: _ Country Club Drive PROPERTY CONTROL NUMBER: DESCRIPTION OF PROPOSED SUBDIVISION: Twelve sin le famil lots - "Eastwinds Subdivision" PROPERTY OWNER:_ Riveredge Development Corporation < If Other Than App1 icant> NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING WITH THE APPLICATION: i. THE ORIGINAL AND TEN <10) COPIES OF A PROFESSIONALLY PREPARED SKETCH ..PLAN OF THE PROPOSED SUBDIVISION, MEETING ,THE REQUIREMENTS OF ARTICLE I I, SECTION 1. PARAGRAPH (1> , THE VILLAGE OF TEQUESTA SUBDIVISION REGULATIONS~GRAPHS 1 - 7, OF 2. WRITTEN APPROVAL FROM PROPERTY OWNER, IF NOT THE APPLICANTo AUTHORIZING APPLICANT TO ACT AS AGENT FAR THE PROPERTY OWNER. 3. ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION. ~/4. APPLICATION FEE OF TWO-HUNDRED <8200.00> DOLLARS PLUS TEN (810.00) DOLLARS FOR EACH LOT FROPOSET~ FOR THE SUBDIVISION. APPLICANT'S SIGNATURE: ~~Z~-et~P ~`~--~--,.J NOTE: ALL RENDERINGS, B MODELS,t PHOTOg ger WILL BECOME THE PROPERTY OF THE VILLAGE OFETEQUESTAITTED TO-.THE VILLAGE LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. coNSULnr~c ENGINEERS, MANNERS a wRVEYORS su)LaNG soon, wITE (01 2101u~IrER LAKES BLVD. P.o. eox rn IURTER FLORIDA 33468 (305) 716-9248 July 21, 1988 File #87-286 Mr. Scott Ladd Village of Tequesta Building Department 357 Tequesta Drive Tequesta, Florida 33469 Re: gastwinds ' Dear Scott: - In response to your review comments, submitted herewith area. 1. 2. 3. 4. 5. 10 copies of the revised Sketch Plan and a ^ylar. The revised application for subdivision review. A letter of authorization for Bill Hart and Peter represent the property owners. A print of the Sketch Plan with preliminary lot indicated. ' ,~.4 - ,;.,. '~~ -;: ~~. Aquart to dimensions A statement addressing item (1) 5 of the Sketch Plan require- ments. The following revisions have been made to the plan: 1. Lot lines have been revised, there are now 12 lots instead of 13. 2. The legal description has been added. ~, 3. Road R/W and cul-de-sac dimensions have been indicatad.~ -~ ~ ~; 4. The R/w width at Country Club Drive has been . in8lcat~d,~, 4 {;; ... 5.. Tequesta Drive has been Changed to Country Club Drivo.:i , .~} ;.-, 6. , The width of the river access easement is indicated. ~ 7. The mangrove acreage is indicated. - ~ . ' ' 8. A drawing of the surrounding street pattern h . has been added to the Sketch Plan. In response to your comment #12; water, sewer, electric and telephone service is available in Country Club Drive. Service will be extended into the subdivision from Country Club Drive. Drainage will be via roadside swales and storm sewer lines with outfall to the Loxahatchee River. The drainage, water and sewer systems will be designed in accordance with the requirements of all the various applicable regulatory agencies. r r ~~ . ,,STUART ~ i : .ir ~ ~ ~f To: Scott Ladd July 21, 1988 Re: Eastwinds Page 2 W e request that this Sketch Plan be considered for approval by the Village Council at the July 28th meeting. Sincerely, LI l1D~HL, BROif11I l1G, FERQ~BI i HELLSTROM, Imo... Pi11~/ d 1 g Enclosures cc: Bill Hart Vera Hackett Bill Hyland Roa Potter Peter W. P- rt, P.E. _ ~ _`y ~ 4 ; July 20, 1988 Village of Tequesta Tequesta, Florida Gentlemen: This is to advise that the Eastwinds project property is owned by Riveredge Development Corporation. Riveredge Development Corporation is 100$ owned by the Estate of Annette P. Shackelford, deceased. Sincerely, ~ / ~ Vara R. Hackett Co-Personal Representative Estate of Annette P. Shackelford VRH/kh CC: Bill Hart Peter Aquart RECEIVED JUL 2 t toQu tindahi, Browning, ferrap & ~1~6~^`j*„ Inc. w y. ~, July 20, 1988 Village of Tequesta Tequesta, Florida Gentlemen: The following individuals are hereby authorized to represent this corporation with regard to the subdivision review requested for the Eastwinds project: Bill Hart Peter Aquart William Hyland, Esquire Sincerely, y .r, , % ~ !~ , ; Vara R. Hackett, President Riveredge Development Corporation VRH/kh CC: Bill Hart Peter Aquart William Hyland, Esquire William Parker Ronald Potter, CPA RECEIVED JUl $ ~ 1988 ~ `~~'~~~, ~!pwnin~, FerraH ~ l~~1ts~~am, Inc. EASTiiII NDS The following paragraphs summarize existing community facilities which will serve or influence the proposed Eastwinds Subdivision. Ttre Subdivision is located on the West side of the North Fork of the Loxahatchee River. It 1s on the East side of Country Club Drive about 1 mile north of Tequesta Drive. The main North-South arteries which serve Eastwinds are U.S. One and I-95. The main East-West artery is Indiantown Road. U.S. One is accessed by traveling about 1 mile South on Country Club Drive then 1 mile East on Tequesta Drive. Indiantown Road is reached by traveling approximately 2 miles South on U.S. One and I-95 is approximately 4 miles West on Indiantown Road. A number of shopping centers, including grocery stores and specialty shops on U.S. One are easily accessed, along with a number of restaurants. A community park which includes outdoor cooking facilities, tennis courts and a baseball field is located on U.S. One about 1 wile North of Tequesta Drive. ? he Jupiter School District will presently serve the Eastwinds Community. Jupiter Elementary is on Loxahatchee Drive which is about 2 miles West of U.S. One on Indiantown Road. Both Jupiter Middle and Jupiter High School are located on Military Trail which is about 2-1/2 miles West on Indiantown Road. A n elementary school is presently under construction on Church Road 1n Tequesta and will serve the Eastwinds development when completed. July 1988 W.O. 87-277 t _. ,. w k ~ ~~~~ VILLAGE OF TEQUESTA APPLICATION FOR SUBDIVISION REVIEW NAME OF APPLICANT: HAISF.IELD ENTERPRISES OF FLORIDA DATE: July 15, 1988 MAILING ADDRESS: 3725 S.E.' Ocean Blvd., Stuart, FL 33494 PHONE NUMBER: < HOME) < BUSINESS) (407) 287-2416 LOT/PARCEL ADDRESS: (See attached legal description) PROPERTY CONTROL NUMBER: 30-40S-43E- DESCRIPTION OF PROPOSED SUBDIVISION: (See attached legal description) AUTHORIZED AGENT: J. BARRY CURTIN, Esq., 440 Royal Palm Way, Ste. 203, Palm Beach FL 33480 PROPERTY OWNER: HAISFIELD ENTE~2PRISES OF FLORIDA ( If Other= Than Aggl icant ) ------------------------------------------------------------------- NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING WITH THE APPLICATION: 1. THE ORIGINAL AND TEN <10) COPIES OF A PROFESSIONALLY PREPARED SKETCE~ PLAN OF THE PROPOSED SUBDIVISION, MEETING THE REQUIREMENTS OF ARTICLE I I, SECTION 1, PARAGRAPH (1> , 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 A.S AGENT FOR THE PROPERT'~ OWNER. 3. ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION. 4. APPLICATION FEE OF TWO-HUNDRED (5200.00) DOLLARS PLUS TEN t510.00> DOLLARS FOR EACH LOT PROPOSED FOR THE SUBDIVISION. APPLICANT'S SIGNATURE: , /~GZ~'r~/ 4~. _ NOTE: ALL RENDERINGS, "MODEL.~S,uPH~i'OS, Ems. SUB~ITT~D TO~HE VILLAGE WILL BECOME THE PROPERTY OF THE VILLAGE OF TEQUESTA. ~ t LEGAL DESCRIPTION KNOW AL1_ MFN DY TNESF I'T1F.SF_NTS THAT lIAlSF1E.(.D ENTERPRISES, A FI_URIUn GF.NERAI_ 1'Alt fNFHSH I P, OWNER OF THE I1Fn1_ PROI'EFI T Y SHOWN HEREON, AF I NG A POUT ION OF .`iI:CTION 30, TOWNSIII P 4U SU11171, RANGF_ 43 FAST, /'Al_M UFACII COUNTY, Fl_Dlllnn, SI10WN HEREON AS INTI?ACOASTAI_ V11.1_nS, TIEING MORE-. 1'ARTIC(11.A111.Y U(:SCRII3EU AS F UI _ l_ UWS: ALL 01- GOVERNMF_NT 1.OT 3, 1_F_SS TIIF_ SOUTH 540 1=EFT AND THE NDIITII 20O FEF_T H1F_RF.OF 1_Y1NG IN SF.CTIUN 30, TOWNSHIP 40 S(I(ITII, /1nNt:E 43 EAST, !'ALM DFAC1l CUUNI'Y, Fl_0111UA ANTI LYING FAST OF 131F_ 1=A.STF_HLY RIGf1T-OF-NAY LINT OF STATE IIOAU No, li (ll. S. HIGHWAY 1), AND (lOUNDF_D ON T11E F.nST Dl' THE INIIIACOASTAI. WATFI?WAY. I_I:SS TILE FOL1_UWING Df:SCl11RED I'AHC[L. l1EGINNING AT A PUINT ON T1U= EASTI:IILY MIGHT-UF- WAY L I NF UI STA I F. TIUAU No. 5 (U. S. f!I GIIWAY Nn. 11 ANU A 1. 1 NF ti4U I~FET NORT11 OF AND PAIIAI_LLI. 1'U 1111= ~iUl/TI1 1. 1 NE OF li0VE11NhlL_NT l_OT 3, TIII:NCF: NORTH 03' 54' h!i• EAST ALUNG SAID RIGHT-0l`-WAY LINT A DISTANCF_ OF 2'.;. 51 FF_L~1 1Y) A PUINT OF CURVAIUIIE OF n CIIRVF_ f.ONCAVF' 10 T11E WF_ST; TIIFNCE NOIIIWI:ASTLI?l. Y, NO/t1llE1t1.Y AND NUI1171- WESIEIILY ALONG TNF_ AIIC 0l= SAID CU(IVF, Tlll?Ol/GIl A CF.NTIIA(. ANGLE OF 14'25'3H•. HAVING A NAD I US OF 1970. Of3 I=f~ET A D 1.`i l ANCI= OF 4'Jf;. U7 1=EL-T; (IIENCE~ SUUTII 1l9. 43' 05' E::-nST UN n 1. I Nl_ 2_f;0 FEF_ T SU11111 OF nND 1'Allnl_1_[I_ TO T71E NOR1~11 l_ I NE OF GUVEIINMF.NT l.O1' 3 A D1SlANCE OF 2.53. 90 FF_('T TU A PUINT UN THE ARC OF CUTIVF: CON- CAVE TU THF_ WES1, THF.NCF_ ,SOUTIIFASTF_RI.Y, .SOIITIIEHI.Y AND SUUTI/WESTF.RLY ALONE, THE AI?(.' OF Sn 1 D CURVE- TllllOUGII A Cf:NTRAI_ ANGLE OF 13' I 1 ' S9", IIAV 1 NG A ITAD 11JS OF ?.220.013 FEET A DI STANCF_ OF 511. 45 FEET 10 THF_ POINT' OF TANGENCY; THEN(:F. SOll1Il 03' f; 4' 55' WEST A UI STANCF_ OF U. 71 FEET; 111F_NCF: NU1I171 f39'!i5' 4?_' HEST ALONG A 1. 1 NE 540 f=EET NURTFI OF AND PnllnLl.F.I_ TO THF_ SOUTH l_ 1 Nl: OF GOVERNMF_NT I.OT 3 A UI STANCF. OF 250. 56 FEET TO THF' PUINT 01= OE~G1 NNI NG. (:ONTn I NI NG 6. 494 ACRES MORE 0I? LF_SS. PROPERTIES, CO. Sewall's Point Office Plaza 3725 S.E. Ocean Boulevard Sewall's Point Stuart, Florida 34996 (407) 287-2416 July 14, 1988 Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33469 HAND DELIVERED To Whom It May Concern: Haisfield Enterprises hereby authorizes J. Barry Curtin to act as our agent for the project Intracoastal Villas. This project will be presented in front of the Village of Tequesta on July 28, 1988. We authorize him to represent us at this and any other meetings regarding this pro3ect. Sincerely, ~/~%~ Marc Haisfield MH/bam FLEMING, HAILE & SHAW, P.A. ATTORNEYS PARK CENTRE, SUITE 203 Telex: 5109527571 440 ROYAL PALM WAY Answer Back: PBOlympus PABH PALM BEACH, FLORIDA 33480 (407) 833-5600 Facsimile: (407) 833-5604 J. BARRY CURTIN Please reply to:~~] Palm Beach; (]North Palm Beach. July 18, 1988 VIA HAND DELIVERY Scott D. Ladd, Building Official Village of Tequesta 357 Tequesta Drive Tequesta, FL 33469-0273 ONE GOLDEN BEAR PLAZA, SUITE 300 11760 U.S. HIGHWAY ONE NORTH PALM BEACH, FLORIDA 33408 (407) 627-8100 Facsimile: (407) 622-7603 Re: Haisfield Enterprises of Florida Submission for Combined Preliminary and Final Plat Review of Intracoastal Villas by Village of Tequesta Council Dear Mr. Ladd: This letter is to confirm on behalf of Haisfield Enterprises of Florida, that it is hereby submitting ten (10) copies of all of the requirements for preliminary and final plat approval for the Intracoastal Villas to the Village of Tequesta, as these requirements are specifically set forth in the Village of Tequesta Code. This submittal includes the following items: (1) a draft of the protective Convenants and Restrictions; (2) a revised plat in accordance with your letter of June 13, 1988 (3) a street lighting layout; (4) complete landscape plans; (5) engineering drawings of the infrastructure for the site; (6) topographical elevations of the site; (7) sketch plans of the site; (8) Consent letter from Haisfield Enterprises of Florida authorizing J. Barry Curtin to act as agent for this petition. Mr. Scott Ladd July 18, 1988 Page Two The above information is being provided to you in response to your request in the June 13, 1988 letter to Marc Haisfield. My client wishes to have this matter reviewed by the Village of Tequesta Council at their July 28, 1988 scheduled meeting. If there is any additional information required, or if you need clarification of the information contained in this application, please contact me at your convenience. JBC/leb Enclosures cc: Mr. David Kelly (w/encl.) Respectfully yours, . Barry urtin COVRES - 07/05/88 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR INTRACOASTAL VILLAS THIS DECLARATION, made this day of _ 1988, by HAISFIELD ENTERPRISES OF FLORIDA, a Florida partnership, its successors and assigns, hereinafter Declarant. W I T N E S S E T H• general called WHEREAS, Declarant is the owner of the real property (the "Property") described in Exhibit "A" of this Declaration and desires to create a multi-family residential development thereon to be known as "INTRACOASTAL VILLAS" in accordance with the plat (the "Plat") therefor recorded or to be recorded in Palm Beach County, Florida; and WHEREAS, Declarant desires to provide for the preserva- tion of the values and amenities in the Property, and to create an entity with the powers of maintaining and administering the Commu- nity Properties (as hereinafter described), administering and enforcing these covenants and restrictions and collecting and disbursing the assessments and charges; and WHEREAS, Declarant has incorporated INTRACOASTAL VILLAS HOMEOWNERS ASSOCIATION, INC., under the laws of the State of Florida, as a non-profit corporation for the purpose of exercising these functions. NOW, THEREFORE, the Declarant declares that the Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens of this Declaration. ARTICLE I - Definitions The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings" A. "Articles of Incorporation" or "Articles" shall mean the Articles of Incorporation of INTRACOASTAL VILLAS HOMEOWNERS ASSOCIATION, INC., as filed with the Secretary of State of Florida, and as may be amended from time to time. B. "Association", also known as the "Homeowners' Association", shall mean INTRACOASTAL VILLAS HOMEOWNERS ASSOCIA- TION, INC., a non-profit corporation chartered under the laws of the State of Florida. C. "Bylaws" shall mean the Bylaws adopted by the Association, amended from time to time. D. "Community Property or Properties" shall mean those areas of land, together with any improvements, which are actually deeded or leased to the Association and designated in such deed or lease, or subsequently declared by the Association, to be Communi- ty Property; or dedicated to the Association on a Plat. The term Community Property shall also include any personal property ac- quired by the Association if such property shall also include any personal property acquired by the Association if such property is designated Community Property in the bill of sale or instrument transferring it or subsequently declared by the Association to be Community Property. Any land or personal property which is leased by the Association shall lose its character as Community property upon the expiration of such lease. E. "Declarant" shall mean HAISFIEI,D ENTERPRISES OF FLORIDA, a Florida general partnership, its successors and assigns. F. "Design Review Committee" shall mean the Design Review Committee described in Article IX of this Declaration. G. "Dock Facilities" shall mean the dock facility shown and described on Exhibit "B" hereto. H. "Governing Documents" shall mean, in descending order of priority, this Declaration, the Articles, the Bylaws and the Rules and Regulations of the Association. In the event of a conflict, the terms of the higher document in order of priority shall control. I. "Member" shall mean those persons who are Members of the Association as provided in Article IV hereof. J. "Owner" shall mean the record title holder, whether one or more persons or entities, of the fee simple title to any Parcel situated upon the Properties but shall not mean a secured party. K. "Parcel" shall mean one of the numbered and/or lettered parcels of land identified on any Plat of the Property. L. "Plat" shall mean the plat of the Property recorded in the Public Records of Palm Beach County, Florida, as amended from time to time. M. "Property" shall mean all property which is subject to this Declaration as stated in Article TI hereof and shall include any additional real property when and if added under Article II. ARTICLE II - Property Subject to this Declaration The real property which is, and shall be, held trans- ferred, sold, conveyed, and occupied subject to this Declaration is located in Palm Beach County, Florida, and is described in Exhibit "A". Adjacent additional real property may be subjected to this Declaration by the Declarant by filing a Supplemental Declaration or Declarations, within five (5) years of the date of recordation hereof. ARTICLE III - Description of. Development The initial Property is being developed by the Declarant as a total of 29 residential dwellings. The initial community Property of the Association can be described as follows: entrance areas, drainage areas, sidewalks, all as shown on the Plat. These are available for the use of all members; subject, however, to the terms of this Declaration, the Bylaws and the Rules and Regulations; and provided, however, that no portion of the Community Property is dedicated for use by the general public. ARTICLE V - Membership and Votinc~Right~ i.n the Association Section 1. Membersliix~. Every person or entity who is a record owner of fee simple title to a Parcel, shall be a Member; provided, however, that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a Member. Change of membership in the Association shall be established by recording in the Public Records of Palm Beach County, Florida, a deed or other instrument conveying record fee title to any Parcel. The Owner designated by such instrument shall, by his or her acceptance of such instrument, become a Member of the Association, and the membership of the prior owner -2- shall be terminated. In the event that a copy of said instrument is not delivered to the Association, said Owner shall become a Member, but shall not be entitled to voting privileges enjoyed by his or her predecessor in interest. The foregoing shall not, however, limit the Association's powers or privileges under Arti- cle X. The interest, if any, of a Member in the funds and assets of the Association shall not be assigned, hypothecated or trans- ferred in any manner except as an appurtenance to his or her real property. Membership in the Association by all Owners shall be compulsory and shall continue, as to each Owner, until such time as such Owner transfers or conveys of record his or her interest in the Parcel upon which his or her membership is based or until said interest is transferred or conveyed by operation of law, at which time the membership shall automatically be conferred upon the transferee. Membership shall be appurtenant to, run with, and shall not be separated from ownership of a Parcel. Section 2. Voting Rights. The Association shall have one class of voting membership and each member shall be entitled to one (1) vote for each Parcel. When more than one person or entity holds such interest or interests in any Parcel, all such persons or entities shall be members, and the vote for such Parcel shall be exercised as determined in the Bylaws, but in no event more than one (1) vote be cast with respect to any such Parcel. Section 3. Election of Association Directors. As more fully provided in the Bylaws, the Declarant shall have the right to appoint the Directors of the Association until the Turnover Meeting referred to in Article V. ARTICLE V - Turnover Section 1. Time of Turnover. The turnover of the Association by Declarant shall occur within three (3) years after the recordation of this Declaration; provided that the Declarant may at its sole option call the Turnover Meeting at any time. Section 2. Procedure of_ more than forty-five (45) days and prior to the Turnover Meeting, The writing all members of the date of purpose, the election of a new Boa tion. .Calling Turnover Meetina. No no less than thirty (30) days Association shall notify in the Turnover Meeting and its rd of Directors of the Associa- ARTICLE VI - Easements Section 1. Owners' and Members' Easements of Enjoyment. Subject to the positions of Section 2, every Owner and Member shall have a right and easement of enjoyment in and to the Commu- nity Properties and such easement shall be appurtenant to and shall pass with the title to every Parcel. Section 2. Extent of Owners' and Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: A. The right of the Declarant and of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Community Properties and in aid thereof to mortgage said properties; B. The right of the Association to take such steps as are reasonably necessary to protect the above-described properties against foreclosure; C. The right of the Association, as provided in its Articles and Bylaws, to suspend the enjoyment rights of any Owner or Member when an Assessment remains unpaid, and for an infraction of the Governing Documents; -3- D. The right of the Association to charge reasonable admission and other fees for the use of the Community Properties; E. The right of the Association to dedicate or trans- fer all or any part of the Community Properties to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication, transfer or determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members entitled to cast two-thirds of the total votes of the membership has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action thereunder is sent to every member at least ninety (90) days .in advance of any action; and F. The right of the Association to grant exclusive easements of use of Community Properties (if any) adjoining and exclusively serving a Parcel. Section 3. Easements over Parcels. Declarant reserves for the Association an easement over the Community Properties, the Property and each Parcel for the purpose of allowing the Associa- tion to perform the functions authorized and required by Article VII. Each Owner by accepting a deed to a Parcel grants such an easement and a license to the Association sufficient to allow the Association to perform authorized maintenance. Any easement shown on the Plat shall be effective for the purposes as stated thereon. The easements shown on the Plat include (but are not limited to) the following: utility and drainage easements, and the "Conservation Easement Area." Easements are reserved for present and future utility services, including, but not limited to, easements for water pipes, sanitary sewer. pipes, sprinkler pipes, electrical wires, T.V. and cable wires, security wires, telephone wires and street lights. Such easements are reserved for the benefit of Declarant, Owners and the Association and may be assigned by the Declarant to any person, firm, corporation or municipality furnishing any of the utilities, services or facilities mentioned. No structure shall be built upon the easement thus reserved, and said easement property shall at all times be open to the Association, Declarant, any provider of any service specified herein, and any public service corporation or utility which may require the use of said right-of-way. Should the intended creation of any easement fail by reason of the fact that at the time of creation there may be no grantee in being having the capacity to take and hold such easement, then any such easement deemed not to be so created shall nevertheless be considered as having been granted directly to the Association for the purpose of allowing the original party or parties to whom such easements were originally to be granted the benefit of such easement. The Owners designate the Association and/or the Declarant as their lawful attorney-in-fact to execute any instru- ments on their behalf as may be required for the purpose of cre- ating such easement. Section 4. Conservation Easement Area. The Declarant reserves an easement to the Association over the Conservation Easement Area, as shown on the Plat and as subsequently amended by the governmental agencies exercising appropriate jurisda.ction therein. This easement over 'the Conservation Easement area shall be provided so that the Association shall be responsible for the maintenance, repair and upkeep of the Conservation Easement Area. The easement rights of the Association in the Conservation Ease- ment Area shall include the applicable services and functions set forth in Article VII herein. -4- ARTICLE VII - Functions of. the Association Section 1. Services. The Association shall perform and provide the following services: A. Maintenance of all Community Property and all city, county, district or municipal properties to the extent permitted or required by any governmental authority which are located within or in a reasonable proximity to the Properties to the extent that their deterioration would adversely affect the appearance of the Properties. B. Maintenance of any canals owned by the Association, as well as maintenance of any canals not owned by the Association if and to the extent permitted by any governmental authority having jurisdiction. thereof. Maintenance as used herein shall include, but not be limited to, the preservation of any shorelines or bulkheads maintained by the Association. C. Insect, pest and aquatic control to the extent that it is necessary or desirable in the judgment of the Association to supplement the service provided by the state and local govern- ments. The provisions of this paragraph shall not be construed as an obligation on the part of Association to provide such ser- vices. D. Taking any and all actions necessary to enforce all covenants, conditions and restrictions set forth herein. E. Management and conducting business of the Associa- tion, including, but not limited to, administrative services such as legal, accounting and financial, and communication services informing Members of activities, notice of meetings, and other important events. F. Purchasing general liability and hazard insurance covering improvements and activities on the Community Property at a current replacement cost basis in an amount not less than one hundred (1000 percent of the insurable value, directors and officers liability and such other insurance as the Board deems necessary. Hazard insurance proceeds for losses to any Community Property may not be used other than for repair, replacement or reconstruction of such property. G. Establishing and operating the Design Review Com- mittee as hereinafter defined. H. Adopting, publishing and enforcing such Rules and Regulations as the Board deems necessary. I. Constructing improvements on Community Property and easements as may be required to provide the services as authorized in this Article. J. The Association shall carry out any of the func- tions and services specified in this Article to the extent such maintenance and services can be provided with the proceeds first from Annual Assessments and then, if necessary, from Special Assessments. The functions and services which the Association is authorized to carry out or to provide; may be added to or reduced at any time upon the affirmative vote of a majority of the Board of Directors. K. The Association shall be required to enter and comply with the terms of an agreement for perpetual maintenance of the entry roadway and right-of-way in a form acceptable to the Village of Tequesta, naming the Village as beneficiary of the maintenance agreement. -5- Section 2. Mortgage and Pledge. The Board of Directors of the Association shall have the power and authority to mortgage the Community Property and to pledge the revenues of the Associa- tion as security for loans made to the Association which loans shall be used by the Association in performing its functions. Section 3. Conveyance to Association. The Association shall be empowered to delegate or convey any of its functions or properties to any governmental unit or public utility or for other public purposes consistent with the intended use of such proper- ty. ARTICLE VIII - Covenant for Maintenance Assessments Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Parcel owned by it within the Properties, hereby covenants and each Owner of any Parcel by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) annual assess- ments, dues or charges ("Annual Assessments"); and (2) special assessments to be fixed, established and collected from time to time as hereinafter provided ("Special Assessments"). The Annual and Special Assessments (collectively, "Assessments") together with such interest thereon and costs of collection thereof as hereinafter provided in Section 10 shall be a charge on the Parcel and shall be a continuing lien upon the Parcel and, together with such interest thereon and cost of collection thereof as hereinaf- ter provided, shall also be the personal obligation of the Owner of the Parcel at the time when the Assessment was incurred. Section 2. Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for the pur- pose of promoting the recreation, health, safety and welfare of the residents in the Properties and in particular for the acquisi- tion, improvement and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Community Properties and of the Parcels and Residences situated upon the Properties, including, but not lim- ited to, performance of the Association's functions as set forth in Article VII; the payment of taxes and insurance thereon and repair, replacement, and additions thereto and for the cost of labor, equipment, materials, management, and supervision thereof. Section 3. Determination of Annual Assessments. The Board of Directors of the Association shall annually prepare a budget of estimated expenditures of the Association and determine the total Annual Assessment for the Properties, allocated to each subdivision and Parcel thereof. The total allocated Assessments shall be sufficient to raise the estimated regular expenditures of the Association and may include a reasonable reserve. Section 4. Special Assessments. In addition to the Annual Assessments authorized by Section 2 hereof, the Association may levy a Special Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any acquisition, construction or reconstruction, unexpected expense or repair or replacement of a described capital improvement upon the Community properties, including the necessary fixtures and person- al property related thereto or to supplement the Annual Assess- ment. Section 5. Allocation of Assessments. The total As- sessments shall be divided by the total number of Parcels within the Properties and the resulting figure shall be the Assessment for each Parcel. Section 6. Special Individual Assessments. The Board of Directors of the Association may impose a "Special Individual Assessment" upon any Owner whose use or treatment of his Parcel increases the maintenance cost to the Association above that which -6- would result from compliance by the Owner with the restrictions imposed by this Declaration. ~'he amount of such Assessment shall be equal to such cost increase and may be enforced in the manner provided for any other Assessment. Any charge imposed by the Association for functions performed for a Parcel or Owner or any fine imposed shall be deemed a Special Individual Assessment. Section 7. Date of Commencement of Annual Assessments: Due Dates. The Annual Assessments provided for herein shall be due and payable at such periodic intervals as determined by the Board and shall commence at such time as the Board of Directors of the Association shall determine. The due date of any amount due under Sections 4 or 6 hereof shall be fixed in the resolution authorizing such Assessment. All accounts for payment under this Article VIII shall be due upon tender and delinquent thirty (30) days thereafter. Section 8. Records of Assessments and Payments. Writ- ten notice of Assessments shall be sent to every Owner subject thereto. The Association shall, upon demand, at any time, furnish to any Owner or member liable for Assessments a certificate in writing signed by an officer of the Association, setting forth whether said Assessments have been paid. Such certificate shall be prima facie evidence of payments as to the account. Section 9. Non-Payment of Assessment: Personal Obliga- tion of the Owner and Member; Lien Rights and Remedies of the Association. If an Assessment is not paid by the date when it becomes delinquent, it shall, together with interest and the cost of the collection, become a continuing lien on the Parcel which shall bind such Parcel. The personal obligation of the then Owner to pay such Assessment, however, shall remain his personal obliga- tion and shall not pass to his successors personally unless ex- pressly assumed by them. The Association may record a notice of lien for delinquent Assessment in the public records and foreclose the lien in the same manner as a mortgage. Upon recording, the lien shall secure the amount of delinquency stated therein, all unpaid assessments thereafter. and all costs of collection in- cluding attorneys' fees until satisfied of record. The Associa- tion may record the lien at any time and shall record the lien if the assessment is ninety (90) days delinquent. If the Assessment is not paid within thirty (30) days after the due date, it shalt bear interest from the due date at the maximum rate allowed by law. The Board may impose a standard delinquency charge in addition to the interest in an amount not to exceed $50.00 per month or part thereof. The Board may further accelerate the remaining assessments due during the budget or fiscal year. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Owner's Parcel, and there shall be added to the amount due to the costs of collection including a reasonable attorneys' fee. Section 10. Subordination of the Lien to the Mortgage. The lien of the Assessments provided for herein is subordinate to the lien of any bona fide first mortgage now or hereafter placed upon the Parcel subject to the Assessment prior to the recording in the public records of a notice stating the amount of an unpaid Assessment attributable to the Parcel; provided, however, that such subordination shall apply only to the Assessments which have become due and payable prior to a sale or foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such Parcel from liability for any Assessments thereafter becoming due, nor from the lien of any such subsequent Assessment. Section 11. Exempt Property. The following property subject to this Declaration shall be exempted from the Assessments and lien created herein; (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; and (b) all -7- Community Properties. Notwithstanding airy provisions herein, no Parcel .shall be exempt from said Assessments, or liens and in particular no Owner or Member may exempt himself from Assessments by waiver of the use and enjoyment of any of the Community Proper- ties or by the abandonment of his Parcel. ARTICLE IX - Architectural Control Section 1. Necessity of Design Review and Approval. No improvement, of any kind,. including, without limitation, any building, fence, wall, swimming pool, tennis court, screen enclo- sure, sewer, drain, disposal system, decorative building, land- scape device or object, or other improvement shall be commenced, erected, placed or maintained upon any Parcel, nor shall any addition, change or alteration therein or thereof be made, unless and until the plans, specifications and location of the same shall have been submitted to, and approved in writing by, the Design Review Committee. All colors, materials, plans and specifications shall be evaluated as to harmony of external design and location in relation to surrounding structures and topography and as to conformance with the "Design Criteria" of the Association as the same may be adopted and from time to time be amended. Section 2. Design Review Committee. The architectural review and control functions of the Association shall be adminis- tered and performed by the Design Review Committee (the "DRC"), which shall consist of three (3) members who need not be members of the Association. The Declarant shall have the right to appoint all of the members of the DRC as long as it owns any Parcel. Members of the DRC as to whom Declarant may relinquish the right to appoint, and all members of the DRC after Declarant no longer owns any of the Properties or any Parcel the subject of this Declaration, shall be appointed by, and shall serve at the plea- sure of., the Board of Directors of the Association. A majority of the DRC shall constitute a quorum to transact business at any meeting of the DRC, and the action of a majority present at a meeting at which a quorum is present shall constitute the action of the DRC. Any vacancy occurring on the DRC because of_ death, resignation, or other termination of service of any member thereof shall be filled by the Board of Directors; except that Declarant, to the exclusion of the Board, shall fill any vacancy created by the death, resignation, removal or other termination of services of any member of the DRC appointed by Declarant. Section 3. Powers and Duties of the DRC. The DRC shall have the following powers and duties: A. To recommend, from time to time, to the Board of Directors of the Association modifications and/or amendments to the Design Criteria, which shall be adopted by majority vote of the Board of Directors. B. To require submission to the DRC two sets of all plans and specifications for any improvement or structure of any kind. The DRC may also require submission of samples of building materials proposed for use on any Parcel, and may require such additional information as reasonably may be necessary to complete- ly evaluate the proposed structure or improvement. C. To approve or deny any improvement or structure of any kind, the construction, erection, performance or placement of whicPi is proposed upon any Parcel and to approve or disapprove any exterior additions, changes, modifications or alterations therein or thereon. D. To adopt a schedule of reasonable fees for pro- cessing requests for DRC approval of proposed improvements. Such fees, if any, shall be paid to the Association, at the time that plans and specifications are submitted to the DRC. -8- Section 4. Action in Writing. The Committee's approval or disapproval of DRC as required in these covenants shall be in writing and rendered within thirty (30) days of submission of all required information. Section 5. Declarant Exception. No single-family residence ("Residence") or improvement erected by Declarant shall be subject to approval by the DRC. Section 6. No Liability. Neither Declarant, DRC nor any of its members shall have any liability for defects in any improvements or failure of same to comply with any applicable laws or for any other reason. ARTICLE X - General Covenants and Restrictions Section 1. Residential Use. The use of any Parcel must, at all times, be in accordance with the zoning laws and ordinances of the County of Palm Beach, Florida. No parcel shall be used for other than multi-family residential purposes. No owner may seek any variance from such laws or a change of zoning classification without prior written approval of DRC. Section 2. Construction. No building, fence, wall or other structure shall be erected, placed or altered on any Parcel until the construction plans and specifications and a plan showing the location of the structure have been approved as set forth in Article IX. Section 3. Easements. Easements for installations and maintenance of utilities and drainage facilities are or will be recorded in the public records. Section 4. Nuisances. No noxious or offensive activity shall be carried upon any Parcel, nor shall anything be done on it that may or may become an annoyance or nuisance to the neighbor- hood or any other Parcel. Section 5. Signs. In order to maintain an attractive appearance no sign, advertisement, notice or other lettering shall be exhibited, displayed, inscribed, painted or affixed, in, or or upon any part of the Properties, by an Owner or occupant, without the written permission of the DRC, which shall have the right in its sole discretion to prohibit or to restrict and control the size, construction material, wording, location and height of all signs and may summarily remove and destroy all unauthorized signs. Section 6. Trash. Each Owner shall keep his Parcel free and clear of weeds, underbrush, unsightly growths, trash and debris and shall reasonably maintain his Residence. No Parcel shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers suitably screened from the street and adjacent Parcels. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. No garbage incinera- tors shall be permitted. The Association may establish uniform rules for the storage and collection of trash and garbage. Section 7. Maintenance. The Declarant and the Associa- tion shall have the right to care for vacant, unimproved or unkept Parcels, remove and destroy tall grass, undergrowth, weeds and rubbish therefrom and ~~ny unsightly and obnoxious thing therefrom, and do any other things and perform any labor necessary or desir- able in the judgment of the Declarant or the Association to keep the Parcel, and the land contiguous and adjacent thereto, neat and in good order. The Association shall further have the right to repair any structure or improvement on any Parcel which consti- tutes a danger or nuisance or is in disrepair provided that the Parcel Owner is given no less than fifteen (15) days notice of the Association's intent to do so which reasonably specifies the proposed action (except in the event of emergencies which pose -9- threats to people same against the Assessment, which be foreclosed and attorney fees and The Design Review any Parcel during or property). The Association shall charge the Jwner of said Parcel as a Special Individual charge shall be a lien on the parcel which may shall include Declarant's or the Association other costs in connection with said foreclosure. Committee may adopt rules for the maintenance of construction. Section 8. Water. No individual potable water supply system shall be permitted on any Parcel, except for swimming pools. The sprinkler system on all Parcels shall utilize public water supply. Section 9. Sewer. No individual sewage disposal system shall be permitted on any Parcel. Section 10. Clothes Drying Facilities. All clothes lines or drying yards shall be screened from view of the street and from neighboring parcels by landscaping approved by the Design Review Committee. Section 11. Antennas. No exterior antenna or aerial of any kind may be erected or maintained anywhere within the Proper- ties. Section 12. Weeds. No weeds, underbrush or other unsightly growths shall be permitted upon the Properties and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. Section 13. Parking Areas. No parking strips other than driveways are permitted except as previously approved in writing by the DRC. Section 14. Construction Completion. When the construc- tion of any building or improvement is once begun, work thereon must proceed diligently and must be completed within a reasonable time. Section 15. Street Liahtina. No installation of addi- tional street lights shall be permitted without approval as pro- vided in Article IX. Section 16. Grant of Easements. No easements shall be granted by any Owner without the express written approval of the Association. Section 17. Subdivision. No Parcel shall be subdi- vided. Section 18. Reconstruction._In the event any Residence is destroyed or removed by or for any cause, it shall, be replaced within a reasonable time. Section 19. Repainting. No exterior of a Residence or fence shall be repainted in a color without prior approval as provided by Article IX. Section 20. Temporary Structures. No structure of a temporary character, or outbuilding, including trailer, basement, tent, shack, garage or barn shall be used on any Parcel at any time as a residence, either. temporarily or permanently; provided that Declarant may use such structure for purposes of construction or sales offices. Section 21. Member Control,. No Member or occupant of any Residence may direct, supervise or in any manner attempt to assert control over the employees or agents of the Association. -10- Section 22. Solicitation. There shall be no cause, charity, or any purpose whatsoever permitted to solicit in the Property unless specifically authorized by the Board of Direc- tors. Section 23. Insurance. Each member shall keep his Residence insured against damage from fire, windstorm and other ordinary insured casualties in an amount equal to the highest insurable value of the Residence. Section 24. Occupancy. Occupancy of a Parcel or Resi- dence must comply with all provisions hereof and of applicable law. Section 25. Outside Lighting. Except as may be ini- tially installed by Declarant, no spotlights, floodlights or similar type high intensity lighting shall be placed or utilized upon any Parcel which in any way will allow light to be reflected on any Parcel of the improvements thereon or upon any Community Properties or any part thereof without the written authorization of the Board. Other types of low intensity lighting which do not disturb the Owners or other occupants of the Properties shall be allowed with the approval of the Design Review Committee. Section 26. Commercial Activities. No business or commercial activity shall be conducted on the Properties, except the construction of improvements or the maintenance of sales offices or models by Declarant on a Parcel for sale of Residents in the ordinary course of business. Section 27. Pets. All pets and animals shall be re- stricted to those animals generally considered as household pets, such as dogs, cats or birds, and must be contained upon the prem- ises of respective Owners. Animals such as cows, horses, swine, goats, fowl, etc., are specifically prohibited. Notwithstanding the above provisions, no pets or animals which constitute a danger or a nuisance to surrounding Owners shall be kept upon the Proper- ties. All pets must be on a leash while not on the Owner's Par- cel. Owners shall immediately clean any animal waste. Section 28. Vehicles. Owners and occupants of Parcels will not be permitted to park, store or keep any commercial vehi- cle, boat, truck, trailer, recreation vehicle, mobi]_e home, bus, tractor or other such vehicles without a standard automobile configuration on their Parcel or adjacent Parcels unless stored or kept within a garage, except temporarily during the period of initial construction. Further, Owners and occupants of Parcels may not park, store or keep such vehicles on adjacent roads and streets. Owners and occupants of Parcels shall not park, store or leave or permit parking o.r storing of any vehicle approved under the terms stated above, which is in rusted, wrecked, junked, partially dismantled, inoperative or abandoned condition, whether attended or not, upon their Parcels or adjacent Parcels or adja- cent roads or streets, unless the same is completely enclosed within a garage. Section 29. Dredgin~_No Parcel shall be increased in size beyond its dimensions as shown on the Plat by filling in any water, canal, lake or drainage easement to which it may abut. Section 30. Strimmi~__Pool.s. No above ground swimming pools shall be constructed or maintained. All swimming pools must be enclosed by a fence, barrier shrubbery or screen. Section 31. Unimproved parcels. All unimproved Parcels shall be fully covered by vegetation to prevent the blowing of sand and dust. -11- ARTICLE XI - Enforcement of Covenants and Abatement of Violation Every owner shall at all times comply with all the covenants, conditions and restrictions of the Governing Documents. All violations of the Governing Documents shall be reported imme- diately to a member of the Board of Directors. Disagreements concerning violations, including, without limitation, disagree- ments regarding the proper interpretation and effect of the Gov- erning Documents, shall be presented to and determined by the Board of Directors of the Association, whose interpretation of the Governing Documents and/or whose remedial action shall control. In the event that any person, firm or entity subject to the Gov- erning Documents fails to abide by them, as they are interpreted by the Board of Directors of the Association, that person shall be liable to be fined by the Association for each such failure to comply or other violation of them. If the Board of Directors of the Association deems it necessary, it may bring action at law or in equity (including an action for injunctive relief) in the name of the Association, to enforce the Governing Documents. In the event any such action is instituted, the Association shall, in addition to the relief requested, be entitled to recover its costs and attorney's fees incurred in enforcing the Governing Documents. Enforcement of these covenants and restrictions shall be by a proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover. damages, or against the land to enforce any lien created by these covenants; and failure by the Association or any Owner to enforce any covenant or re- striction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Violation of any conditions or restrictions or breach of any covenant herein contained or in any of the Governing Documents shall also give the Declarant, its successors and assigns, and/or the Association and its authorized agent or representative, in addition to all other remedies, the right to enter upon the land on which such violation or breach exists and summarily to abate and remove, at the expense of the Owner of said land, any con- struction or other violation that may be or exist thereon contrary to the intent and provision hereof; and the Declarant, its succes- sors and assigns and/or the Association and its authorized agents shall not thereby become liable in any manner for trespass, abate- ment or removal. In addition to all other remedies, in the sole discre- tion of the Board of Directors of the Association, a fine or fines may be imposed upon an owner for failure of an Owner, his family, guests, invitees, tenants, or employees to comply with any cove- nant, restriction, rule, or regulation, contained herein or pro- mulgated pursuant to the Governing Documents provided the following procedures are adhered to: (a) Notice. The Association shall notify the Owner of the infraction or infractions. Included in the notice shall be the date and time of the next Board of Directors meeting at which time the Owner shall present reasons why penalty(ies) should not be imposed. (b) Hearing. The noncompliance shall be represented to the Board of Directors after which the Board of Directors shall hear reasons why penalties should not be imposed. A written decision of the Board of Directors shall be submitted to the Owner by not later than twenty-one (21) days after the Board of Director's meeting. (c) Appeal. Any person aggrieved by the decision of the Board of Directors as to a noncompliance may, upon written request to the Board filed within seven (7) days of the Board's decision, file an appeal. An appeals committee will be appointed by the -12- Board within seven (7) days of the request and shall consist of three (3) non-interested members of the Association. The appeals committee will meet and file a written determination of the matter and serve copies on both the Board and the aggrieved person. In no case shall the appeals committee's findings be binding on either party; however, the Board may elect to review its decision in light of the findings of the appeals committee. (d) Penalties. The Board of Directors may impose special assessments as follows: (1) First noncompliance or violation: a fine not in excess of One Hundred Dollars ($100.00). (2 ) Second noncompliance or violation: a fine not in excess of Five Hundred ($500) dollars. (3) Third and subsequent noncompliance, or violation or violations that are of a continuing nature: a fine non in excess of One Thousand ($1000) Dollars. (e) Payment of Penalties. Fines shall be paid not later than thirty (30) days after notice of the imposition or assess- ment. (f) Collection of Fines. Fines shall be treated as an assessment otherwise due to the Association. (g) Application. All monies received from fines shall be allocated as directed by the Board of Directors. (h) Nonexclusive Remedy. These fines shall not be construed to be exclusive, and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offending Owner shall be deducted from or offset against any damages that the Associa- tion may otherwise be entitled to recover by law from such Owner. ARTICLE XII Declarant's Use of the Properties Until Declarant has conveyed title to all of the Parcels or for as long as Declarant holds any interest by way of lease or mortgage in any Parcel, neither the Owners, nor the Association nor anything contained herein or in the Governing Documents shall interfere with the construction of the improvements and sale of the Parcels by Declarant. The Declarant, or any person or busi- ness entity designed by the Declarant, may make use of any Resi- dence or model erected upon the Property which is owned or leased by the Declarant as may facilitate such completion and sale, including, but not limited to, maintenance of general administra- tive or sales offices, the showing the property and the display of signs. ARTICLE XIII Right to Modify or Cancel Until such time as the last Parcel which the Declarant holds for sale in the ordinary course of business is conveyed by the Declarant, it specifically reserves for itself, its successors and assigns and to the Association the absolute and unconditional right to alter, modify, change, revoke, rescind, or cancel any or all of the restrictive covenants contained in this Declaration or hereinafter included in any subsequent Declaration; provided, however, that no such alteration, modification, amendment, revoca- tion, rescission, or cancellation shall prejudice or otherwise impair the security of any Mortgagee or record as to any of the Property or Parcels. -13- ARTICLE XIV General Provisions Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land and any Own- er or lessee thereof, and shall inure to the benefit of and be enforceable by the Declarant, the Association, the Community Association, or the Owner of any land subject to this Declaration or any Supplemental Declaration, their respective legal represen- tatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then Owners or two-thirds of the Parcels has been recorded agreeing to change said covenants and restrictions in whole or in part, or to terminate them. Provided, however, no such agreement to change or terminate shall be effective unless made and recorded at least ninety (90) days in advance of the end of the initial or any extension period hereof, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken. Section 2. Amendment. Subject to Article XIII, this Declaration may be amended at any time and from time to time upon the execution and recording of an instrument executed by Owner's holding not less than two-thirds (2/3) of the voting interests of the membership, provided that so long as Declarant is the Owner of any Parcel, or any property affected. by this Declaration, or amendment hereto, no amendment shall be effective without Declarant's express written consent and joinder. Article VIII hereof, the Covenant for Maintenance Assessments, may not be amended without the consent of each institutional mortgagee hold- ing a first mortgage upon a Parcel in the Properties. This shall not prevent the Association from enacting or amending reasonable rules for the maintenance of the Parcels and Community Properties which are not detrimental to the rights of institutional mortgag- ees. Section 3. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Section 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force. IN WITNESS WHEREOF, the Declarant has executed this Declara- tion the day and year first above written. Signed, sealed and delivered in the presence of: HAISFIELD ENTERPRISES OF FLORIDA a Florida General Partnership BY: RICHARD HAISFIELD, Managing Partner -14- STATE OF FLORIDA COUNTY OF MARTIN BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgements, personally appeared- RICHARD HAISFIELD, to me well known and known to me to be the Managing Partner of HAISFIELD ENTERPRISES OF FLORIDA, a Florida general partnership, and did acknowledge before me that he exe- cuted the foregoing instrument on behalf of the corporation. WITNESS my hand and seal this day of , 1988. Notary Public, State of Florida {SEAL} My Commission Expires: -15-