Land Development and Planning Project Files_2445 S. Ocean Blvd._19970529_Application for ReviewTRANSMITTAL FORM
, , REPORT OP REVIEW AND REOUBSTED ACTION BY PLANNING BOARD/CQIIIONITY APPEARANCE BOARD
TRANSMIT TO: BUILDING OFFICIAL
PROK: community Appearance Board . , ..
DATJI: __ M_a_y_2_9_,_1_9_9_7 ________ _
PROPERTY DBSCRIPTION:
APPLICANT:
2445 s. ocean Blvd.
Lot 129 S.E., Block 1
Demolition of existin building/construction a new single family residence.
Shane Ames (arch)/Jeff Gordon(owner)
RBVJ:BW GnBN TO StJBJBC'l' PROPBRTY
__ x_-'Preliminary Review
Pinal Review ----
Amended Site Plan Review ----
____ Other/Specify ______________ _
TRB PLANNING BOARD/COMMUNITY APPBARANCB BOARD BAS RBVJ:BWBD THE ABOVE MAT'l'BR PBR TRB REQUEST OP THE BOI:LDING OPPICJ:AL DATBD __ _ AND BBRBBY CBRTil'Y THAT TBB FOLLOWING ACTION WAS "l'Ams
____ .DBNJ:BD
__ X __ APPROVBD (Plans Attached) FINAL
____ APPROVBD W:CTH MODIFICATIONS AS N
____ OTBBR/SPBCIPY ______________ _
PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COKPLETB "1'BB SUBJBCT MAT'l'BR, i.e., ISSUB PBRMIT, TRANSMIT TO TOWN COJIKISS:tON, � PLANS TO APPLICANT, ETC.
� �✓01'\r:.) Signature of{Y-irm n
IF THE ABOVE PLANS WERE DBNIBD OR APPROVED WITH MODIFICATIONS,
PLBASB NOTE THE BOARD'S FINDINGS: _______________ _
•·TRAHSKI'l'TAL FORM
REQUEST FOR REVIEW BY PLANNING BOARD/co•
TRANSMIT TO: Cc»IMORI'fi APPEARABCE BOARD
(Name of Board)
BUILDING OFFICIAL FROM:
DATE: May 1, 1997
PURPOSE OF TRANSMITTAL
/
AMES 11
[Q)��Ol@� GROUP
AM£S DESIGN INTEINATroNAL
203 DIXI£ BOULEVARD DELRAY 8�. fLORfDA 33444 (561)274-6444 FAX(561)274-6449
Shane Ames Registered Architect / President
X Preliminary Review
Final Review
Demolition of existing structure Constructi6n:of New Single Family Home (3-Stories/Gate Hou�efP-9 )
Amended Site Plan Review
Other: Specify:
PROPERTY DESCRIP TION
APPLICANT:
2445 S. Ocean Blvd.
Highland Beach, FL 33487
Lot #129SE / Blk 1
Shane Ames-Architect
'F-�F,iE .,., _i_.:=-=--. j � ·----r�-:-:-:::�--::.;
Jeff Gordan-Owner
I HEREBY STATE THAT I HAVE REVIEWE�E APPLICATION AND PLANS REGARDING THE ABOVE MATTER AND THE DO NOT MEET ALL REQUIREMENTS OFTHE HIGHLAND BEACH TOWN CODE. I HA -FURTHER ATTACH COPIES OF ALL REQUIRED APPLICATIONS AND PLANS ANO STATE THAT ALL AP I LE FEES HAVE BEEN PAID.
IF ABOVE PLANS DO NOT MEET THE TOWN CODE DETAIL NON-COMPLIANCE AND NOTE REASON WHY REVIEW IS BEING REQUESTED:
.. .. TOWN OF HIGHLAND BEACH COMMUNITY APPEARANCE BOARD APPLICATION FOR REVIEW
THE COMMUNITY APPEARANCE BOARD MEETS THE LAST THURSDAY OF THE MONTHAT 9:30 A.M. ALL PLANS MUST BE SUBMITTED THREE WEEKS PRIOR TOMEETING. C!. Ill!>_ --p;t..-'II 30/9 7 FEES <-flJ{)Dtt:>-�# PRELIMINARY REVIEW *$10. 00 PER UNIT / $200. 00 MINIMUM [rS"C>7°;
FINAL REVIEW $10.00 PER UNIT/ $200.00 MINIMUM
AMENDED REVIEW $500.00
*IF PRELIMINARY AND FINAL REVIEW IS APPROVED AT ONE (1)MEETING, THEN ONE $200.00 MINIMUM FEE WOULD APPLY.
REQUIREMENTS
PORTION OF PROJECT TO BE REVIEWED: 5-?r /?,,A,, -t F�"7/(.)A/.5,
ADDRESS:
LOT: [0(// BLK: ___ sUBDivisioN: Bve2 Ba:K:fll
OWNERS NAME: �r? c::;OIZOc:>,,,v PHONE: 70'(-fl''lo -97/'d
ADDRESS: 20€1/:0 81:Tlfl:LVA?�O LN, Co;wEU{);-, /11. c:: 2�03/
APPLICANTS NAME: 5mtNC A/?/ei3 PHONE: S-61� 27Y-IP'r'//V-'J1'!,-��/::,5(:j.·
ADDRESS: 2o3 Pt1?t= g� D�v s� .h-1-33¥"'
ARCHITECTS NAME: �#;(J.V£": �.e-5 PHONE: .,S-6/- Z 7 �- 6 ��
ADDRESS: Z:?3 �--t(c gh-12 a�y � & 33f£W
LANDSCAPE ARCHITECT: �---r U1a.,,qtv,O PHONE: 56 / -7� 3-77%°
ADDRESS: // ..h? rc>f2.m�c::::.;/la.-G 5d/n;;: 2 U/4:oT Aiwn ,BE!Jqf HA '331/1�
RBOUIRBMBNTS
1.FOUR (4) SETS OF PLANS.
2.SITE PLAN; SHOW WALKS, DRIVES, REC AREAS.
3.SURVEY; SIGNED, SEALED, ONE (1) YEAR OLD MAXIMUM.
4.FOR LANDSCAPE, SHOW LOCATION AND SPECIES OF ALL EXISTING TREESAND SHRUBS.
5. ALL VEGETATION TO BE INDICATED .BY THEIR FORMAL AND COMMONNAMES AND DROUGHT TOLERANCE.
6.INDICATE LOCATION OF ALL IRRIGATION HEADS FOR TURF AREAS.
407-278-4548
FAX 407-265-3582
Mayor:
Arlin G. Vor-
Vice Mayor:
Bill Paul
Arthur G. Eypel
Joha. F. Rand
Dand Auqea.ateia.
Mary Aa.a. Mariano
''Tree City U.S.A."
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Town of Highland Beach
3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEACH, FLORIDA 33487
Palm Beach County, Florida
May 25, 1994
Attorney Robert A. Eisen 433 Plaza Real, Suite 275 Boca Raton, Fl 33432
407-278-4548
FAX 407-265-3582
Enclosed, please find Agenda for the Town Commission Workshop Meeting scheduled for Tuesday, May 31, 1994.
Kindly note Agenda Item No. 94.6 pertains to your request regarding Town Lot No. 129 East.
Y�;
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�Kowals, CMC, Town Clerk
''Tree City U.S.A."
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MEMORANDUM
TO:
FROM:
DATE:
TOWN COMMISSION �-J_.
RO BE RT L. LOWE -R,. -f. CHAIRMAN, PLANNING BOARD
APRIL 13,-1994
SUBJECT: REQUEST FOR DISSOLUTION OF UNITY OF TITLE (LOT 129 EAST)
=====================================================================
This is to advise that at its Regular Meeting this date, the Pl anningBoard recommended the Town Commission deny the subject request by thefollowing MOTION:
THE PLANNING BOARD RECOMMENDS THAT THE PROPOSAL FORDISSOLUTION OF UNITY OF TITLE FOR LOT 129 EAST BE DENIED BECAUSE IN EFFECT IT WOULD CREATE A NONCONFORMING LOT WHICH WOULD BE IN VIOLATION OF TOWN CODE.
The Motion received a major ity (4-2) favorable vote of those membersin attendance.
cc: Town Manager Town Attorney
MEMORANDUM
TO:
FROM:
DATE:
TOWN COMMISSION fl--·
ROBERT L. LOWE�CHAIRMAN, PLANNING BOARD
APRIL 13, 1994
SUBJECT: REQUEST FOR DISSOLUTION OF UNITY OF TITLE (LOT 129 EAST)
--=-------=======-===================================================
This is to advise that at its Regular Meeting this date, the Planni ngBoard recommended the Town Commission deny the subject request by thefollowing MOTION:
THE PLANNING BOARD RECOMMENDS THAT THE PROPOSAL FOR DISSOLUTION OF UNITY OF TITLE FOR LOT 129 EAST BE DENIED BECAUSE IN EFFECT IT WOULD CREATE A NONCONFORMING LOT WHICH WOULD BE IN VIOLATION OF TOWN CODE.
The Motion received a majority (4-2) favorable vote of those members in attendance.
cc: Town Manager Town Attorney
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•.• , '.. -:· ----, "'•-·" •r· � �� ... �'f.f,J;;f,/'!.?-:!.:, > �:•:•::,���-�[-§-.c� �>:�;?,!,�;-
� : ... � .. �� t.�TJf. :f'T'ER· A f'1 �Rt{l\.TEL· L l CONSULTING ENGINEERS
.• .. · ,I l(�..l . • � v. . . ·'"' , INC.. LAND SURVEYOQS·-�--.-•.L.11 ... �E 4.2.TJ �?�A .Rr...,o_N_ .. _h.,. �v .,.�. ,.C? --·-i .}3,0�� .. R(' :� "�.:-... �.L,.9.�!l?�;
,
ROBERT A, EISEN
PEGGY L. CARRY
THOMAS A. BERGER
MARK A, RIGAU •
• PLANNING CONSULTANT
LAW OF"F"ICES OF"
SUITE 10.3, CORPORATE PLAZA
4700 NORTHWEST BOCA RATON BOULEVARD
BOCA RATON (407) 994·2090
WEST PALM BEACH (407) 738 · 0388
BROWARD (305) 760 · 9088
FAX (407) 241 · 1510
that demolition must be accomplished only in conjunction with abuilding permit for a new structure. Section 8. 4 (c) providesthat demolition requests shall be processed in the same manner asregular site plan approval. No reference is made to therequirement for an accompanying building permit. Again, doesthis mean the demolition is subject to site plan review, or thenew structure?
Without a customer, Lahage will not have a building permitapplication to be processed simultaneous with the demolitionpermit application. Accordingly, it is requested that the TownCommission determine whether a demolition permit may be grantedwithout accompanying building permit and site plan review. Atsuch time as site improvements are to be made, Lahage shallproceed with the site plan review process.
R�f�lly submitted,
Ro��
RAE/rn
cc: Mr. H. Frank Lahage, PresidentH. FRANK LAHAGE & ASSOCIATES 2363 s. Ocean Boulevard Highland Beach, FL 33487
Mr. Peter c. Ince, President INCE & HERTEL BUILDING CORPORATIONThe courtyards, suite 190 5301 N. Federal Highway Boca Raton, FL 33487
(ltr24/lr29)
LAW OFFICES OF
ROBERT A. E:isEN
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APPLICATION l'OR RBLBASB or UNITY or TITLE
HIGHLAND BEACH ASSOCIATES, INC. 2445 s. Ocean Boulevard Highland Beach, FL 33487
LAW OFFICE OF ROBERT A. EISEN Attorneys for Highland Beach Associates, Inc. 433 Plaza Real, Suite 275, Mizner Park Boca Raton, FL 33432 407)362-5200�-By:
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Inc.
APPLICATION FOR RELEASE OF UNITY OF TITLE
1.Applicant. The Applicant is Highland Beach Associates,
2. Request. The request is for the Town Commission of Highland Beach to release a Unity of Title recorded by Highland Beach Associates, Inc. in Official Records Book 7419, Page 610 of the Public Records of Palm Beach County, Florida.
3.Documents: This Application is accompanied by an Indexof all relevant documents. The documents shall be referenced by their Index number.
4.Background:
(a)Highland Beacb Associates. Inc. C"HB-Associates"> isa Florida corporation wholly owned by H. Frank Lahage. HBAssociates owns a parcel (the "Parcel") of oceanfront property in the Town of Highland Beach. The Parcel has 250 feet of frontage on South Ocean Boulevard. The exact location of this Parcel is indicated on the Index map (Index: 1) • The Parcel has been separated into two building lots of 125 foot-widths each by the filing of two Unities of Title (Index: 2). An estate residence is presently under construction on the North 125 feet of the Parcel. The South 125 feet of the Parcel is vacant, except for an old caretaker cottage, which is being used as the construction office. The Unity of Title on the South 125 feet of the Parcel is the Unity of Title BB-Associates is requesting to be released in this Application. Both building lots exceed all Highland Beach zoning code requirements.
( b)H.Frank Lahage & Associates, Inc. { "HFLAssociates") is a Florida corporation wholly owned by H. Frank Lahage. HFL-Associates is presently building under contract two Intracoastal homes directly across State Road A-1-A from the Parcel. The Intracoastal homes presently being constructed by HFLAssociates are the Gardner residence at 2444 s. Ocean Boulevard and the Evelyne Lahage residence at 2434 s. Ocean Boulevard. These residences are indicated on the Index map (Index: 1).
(c)In order to provide ocean access to these twoIntracoastal homes, as well as other qualified Intracoastal properties, HB Associates has recorded a Declaration of Covenants and Restrictions ("Declaration") for the Byrd Beach Access Area(Index: 3), and has incorporated the Byrd Beach Association, Inc., a Florida not-for-profit corporation. In accordance with the Declaration, a three-foot ocean access easement ("Ocean Access") has been granted by BB-Associates to Byrd Beach Association, Inc. (Index: 4) . The Ocean Access is indicated on the Index map (Index:
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(d)The Declaration provides that the Ocean Access maybe made available only to certain eligible properties. The eligible properties are generally Intracoastal properties in Highland Beach north of and including Town Lot 116 to the Highland Beach/Delray Beach line. The intent was to limit the eligible properties to Intracoastal parcels zoned RS.
The eligible properties are more particularly depicted on the Index map (Index: 1). The Declaration provides various methods by which eligible property owners may join the Byrd Beach Association, Inc. and thereby be entitled to use of the Ocean Access. See Article 13 of the Declaration.
(e)In the contemplation of the creation of the oceanAccess, for a variety of business and legal reasons, it was preferred for the three-foot access to be a fee simple parcel owned by the Byrd Beach Association, Inc., rather than an easement. some of the reasons are:
the Parcel, responsible undesirable
(1)As an easement over the south building lot ofthe owner of the south building lot would be legally for all· activity on the Ocean Access. This is for the owner of the south building lot.
(2)As an easement over the south building lot ofthe Parcel, the owner of the south building lot would be responsible for the ad valorem real estate taxes on the Ocean Access. This is undesirable for the owner of the south building lot.
(3)As an easement, the Byrd Beach Association,Inc. does not have a permanent, unqualified right of access. As the owner of a fee simple access, the Byrd Beach Association, Inc. would have a permanent, unqualified right of access.
(f)The Palm Beach County Department of EnvironmentalResources Management has approved a dune walkover for the Ocean Access (Index: 5).
(g)In order to create this separate fee simple OceanAccess, it is necessary to release the present Unity of Title on the south building lot of the Parcel. The terms of the Unity of Title require the release to be granted by the Town Commission. Simultaneous with the release of the Unity of Title, if granted by the Town Commission, a new Unity of Title would be placed on the remaining 122 feet of the south building lot of the Parcel, and the three-foot Ocean Access would be conveyed to the Byrd Beach Association, Inc.
201\rn\rae\02438
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INDEX
Map
Unities of Title
(a)Unity of Title recorded by HighlandAssociates, Inc. in Official Records BookPage 609 of the Public Records of Palm County, Florida: and
Beach 7419, Beach
(b)Unity of Title recorded by Highland Beach Associates, Inc. in Official Records Book 7419, Page 611 of the Public Records of Palm Beach county, Florida:
Declaration of Covenants and Restrictions for Byrd Beach Access Area, recorded in Official Records Book 7806, Page 582, Public Records of Palm Beach County, Florida:
Three-foot ocean access easement ( "Ocean Access") granted by Highland Beach to Byrd Beach Association, Inc.;
Palm Beach county Department of Environmental Resources Management dune walkover approval for the Ocean Access
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Parcel owned byHighland Beach Associates•, 1 • nc.
Ocean Access
Eligible Properties
RS -----------------------
COASTAL WATERWAY
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THIS IS TO CERTIFY THfJ THlS IS THE OFFICIAL ZON1NG ,
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•':. ,. • PREPARED BY/RE'l'ORN TO,/ Robert A. Eisen, Esqui • 433 Plaza Real, suite 275 Mizner Park Boca Raton, FL 33432
OCT-(]2-1992 01:14'■ 92-301605
ORS 7419 Pt 609
DECLARATION OF UNITY OF TITLE
JQfOW ALL MEN BY 'l'HBSE PRESENTS, that pursuant to the ordinanc-of the Town of High1and Beach pertaining to the issuance of building peraits and regulating building construction activitiea, the undersigned, being the fee owners of the following described real property situated in the Town of Highland Beach, County of Pahl Beach and State of Florida, to wit:
See Exhibit "A" attached
do hereby :aake the following declarations of condition, lbaitation and restriction on said lands, hereinafter to be known and referred to as a DECLARATION OP UNITY OP TITLE, as to the following particulars:
1.That the aforesaid plot or combination of separate lots,plots, parcels, acreage or portions thereof, shall hereinafter be regarded as is hereby declared to be unified under one title as an indivisible building site.
2.That the said property shall henceforth be considered asone plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land.
The undersigned further agre-that this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, their heirs, successors and assigns, and all panies clabaing under thea until such thle -the aaJl8 :aay be released in writing under the order of the Town eo-i■sion of the Town of Highland Beach. The undersigned also agrees that this instrument shall be placed of record in the office of the Clerk of the Circuit court of Pala Beach County, Florida.
Signed, sealed, witnessed and acknowledged this _.;i_c..J_ day of September, 1992.
�es:
�\..11.H�. <c.,�� Address: <\,0 s.�. el\ �a..A. � 12...'1,,,, P\ '!.�'\'0fr
1}�q;uHalle: 1:,.�rz=-P. ·;,'-.,,:;" Address: __ "' · v�11..�(,,6 l1111)-llf£tJ.,/J QI'. S &>ui R.lrlO/IJ J l=l 3;,�
STATE OF FLORIDA COUNTY OP PALM BEACH
HIGHLAN�� �OCIATES, INC.
sy�44vL���.cZ�;f H.Frank I.aha eIts President2445 s. ocean Boulevard,Highland Beach, FL 33487
The �ing instruaent was exec:uted and acknowledged before ae this ,;l · ay of Septeaber, 1992 by H. Prank Lahage, President of Highla Beach Associates, Inc., who is personally known to•• or who has produced a driver's license as identification and who did take an oath.
(NOTARY SEAL)
My Coamission Expires: f687\rn\rae\0321
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ORS 7419 P9 610
EXHIBIT "A"
LEGAL DESCRIPTION
The South 1/2 of the following described property:
Lots 9, 10, and the North so feet of Lot 11 of BYRD BEACH, according to the Plat thereof, recorded in Plat Book 20, Page 1, of the Public Records of Palm Beach County, Florida.
(00143)
RECORD VERIFIED
?AUit BEACH COUNTY, FLA.
CLERK CIRCUIT COURT
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PREPARED BY/RETURN TO:✓
Robert A. Eisen, Esquire 433 Plaza Real, Suite 275 Mizner Park Boca Raton, FL 33432
OCT-o2-l992 01:14'■ 92-301606
OAS 7419 Pl 611
QECLARATXQlf OF JJHXTX OF TrrLE
KNOW ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the '1'own of Highland Beach pertaining to the issuance of building perJli ta and regulating building construction activities, the undersigned, being the fee owners of the following described real property situated in the Town of Highlanc:l Beach, County of Pal■ Beach anc:l State of Florida, to wit:
See Exhibit •A• attached
do hereby sake the following declarations of condition, limitation and restriction on said lands, hereinafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars:
1.That the aforesaid plot or cOllbination of separate lots,plots, parcels, acreage or portions thereof, shall hereinafter be regarded as is hereby declared to be unified under one title as an indivisible building site.
2.That the said property shall henceforth be considered asone plot or parcel of land, and that no·portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land.
The undersigned further agrees that this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, their heirs, successors and assigns, and all parties claiaing under thuntil such t1■e·as the sa■e ■ay be released in writing under the order of the Town Comaission of the Town of Highland Beach. The undersigned also agre-that this instruaent shall be placed of record in the office of the Clerk of the Circuit Court of Pala Beach county, Florida.
Signed, sealed, witnessed and acknowledged this Septeaber, 1992.
day of
Naae: :\" A. i:.,slL� Address: "I lo�""· ,;a., 1,.-4.
�c... �'o,.Pl'!.J.4.� 134,/d Name: '1!,f(J,,Q; F Sit-Vt:� Address: :i.3•/6n ,,,,�,JUUIJ C/.IL.5 "lA /l,7orl, h-�"!11.H
STATE OF FLORIDA COUNTY OF PAUi BEACH
By: H.Frank Lahage,Its President2445 s. ocean Boulevard,Highland Beach, FL 33487
The foregoing instrmaent was executed and acknowledged before ae this e2!z't' day of Septe■ber, 1992 by H. Frank Lahage, President of Highland Beach Associates, Inc., who is personally known to ■e or who has produced a driver's license as identification and who did take an oath.
1687\rn\rae\0321
lON'M a. KM:ZMMEI( lffCXMIIIIIIICCDPID:Aldk, -...... ..., ...
My COllllission Expires:
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,, '-<\ ,.ORS 7419 Ps 612
EXHIBIT "A"
LEGAL DESCIUPl'ION
The North l/2 of the following described property:
Lots 9, 10, and the North 50 feet of Lot 11 of BYRD BEACH, according to the Plat thereof, recorded in Plat Book 20, Page 1, of the Public Records of Palm Beach County, Florida.
(00143-N)
P.ECOM VERIFIID PALM BEi.CH COUNTY, FLA.
Cl»'J( c«UIT GltURT
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PREPARED BY:
Robert A Eisen. &quire
\ Law Office of Robert A Eisen'J 433 Pw.a Real, Suite 275, Mizner Park
Boca Raton, FL 33432
( 407)362-5200
Jtl.-21-1993 10:35.a 93-228180ORB 7806 pg 582 I II I I II 111 I 1111 ■1111 111
DECLARATION OF COVENANTS AND RFSI'RICDONS
FOR
BYRD BF.ACK ACCFSS ARF.A
THIS DECLARATION is made this /.2_ day of July, 19'J3, by IDGHLAND BEACH
ASSOCIATES, INC., a Florida corporation ("Declarant").
RECITALS
A Declarant is the owner of certain real property descnbed herein and on Exhibit "A"
attached hereto ( the "Property").
B.Declarant now owns the Property and intends to reserve it for use as Atlantic Oceanaccess for Members. The purpose of this Declaration is to provide various use and maintenance requirements and restrictions in the best interest of the Members. This Declaration shall also establish the Association which shall own, operate, and/or maintain the Property and improvements
constructed thereon, shall have the right to enforce the provisions of this Declaration, and shall be
given various other rights and responsibilities. The expenses of the Association shall be shared by the Members of the Association.
NOW THEREFORE, Declarant hereby declares that the Property subject to this
Declaration, shall be held, sold, conveyed, leased, mortgaged, and otherwise dealt with subject to the covenants, conditions, restrictions, reservations, liens and charges set forth in this Declaration, all of which shall run with the Property and shall be binding upon all Persons having and/or acquiring any right, title or interest in the Property or any portion thereof, and shall inure to the benefit of each and any Person from time to time, owning or holding an interest in the Property, or any portion
thereof.
1.00 DEFINITIONS. The terms used in this Declaration, and in the Articles and the Bylaws, shall have the following meanings unless the context otherwise requires:
1.01 Acknowledgement means the "Acknowledgement and Consent Agreement" to be signed by an Eligible Member as a condition to membership a copy of which document is attached
hereto as Exhibit "E."
1
Adiacent
Exhibit
1.04 Assessment
1.05 Association
Exhibit
1.06
1.07 Bylaws Exhibit
1.08 Expenses
1.09 Common Surplus
1.10 Declarant
Declaration
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ORB 7806 Pg 584
l.U Eli&ible Member means the Owners of the Lots described on Exlnbit "D, • which is
attached hereto and made a part hereof.
1.13 Institutional Lender means any Person holding a mortgage encumbering a Lot owned by a Member, which Person in the ordinary course of business makes, purchases, guarantees or insures mortgage loans, and which Person is not owned or controlled by the Owner of the Lot encumbered. An Institutional Lender may include, but is not limited to, a federal or state-chartered
bank or savings and loan association, an insurance company, a real estate or mortgage investment trust, a pension or profit sharing plan, a mortgage company, the Government National Mortgage Association, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, any agency of the United States or any other governmental authority, including the
Veterans Administration and the Federal Housing Administration of the U. S. Department of Housing and Urban Development, or any other similar type of lender generally recognized as an institutional type lender. For definitional purposes only, an Institutional Lender shall also mean the holder of any mortgage executed by or in favor of Declarant, whether or not such holder would otherwise be considered an Institutional Lender.
1.14 Home means a single family residential dwelling constructed upon a LoL
1.15 Lot means any parcel of land zoned for single family residential purposes and situated
within the real property described in the Exhibit "I)• attached hereto. Each such Lot shall include
any Home constructed upon the Lot.
1.16 Member means any Owner of a Lot who has been granted membership in the
Association, pursuant to the provisions of Article 11 of this Declaration.
1.17 Owner means the record owner, whether one or more persons or entities, of the fee
simple title to a Lot, including contract sellers (but not contract purchasers) and DeclaranL
1.18 Person means an individual, corporation, partnership, trust, or any other entity validly existing at law or created by statute.
1.19 Property means and refers to the real property legally descn"bed in Exhibit "A"
attached hereto and by this reference made a part hereof, all of which is made subject to this
Declaration.
1.20 Turnover means and refers to the point in time when the Declarant no longer appoints
all the members of the Board.
2.00 ASSOCIATION. In order to provide for the administration of the Property and this
Declaration, the Association has been organized under the laws of the State of Florida.
2.01 Articles. No amendment to the Articles shall be deemed an amendment to this Declaration, and this Declaration shall not prohibit or restrict amendments to the Articles, except as
specifically provided in this Declaration.
2.02 Bylaws. No amendment to the Bylaws shall be deemed an amendment to this
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2.03 Powers or the Association.
2.04 Approval Disapproval or Matters.
2.05 Acts or the Association.
2.06 Membership.
Members' Voting
2.08 Voting Control.
3.00 MAINTENANCE BY ASSOCIATION.
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4.00 PROPER1Y; GENERAL DUTIES AND OBLIGATIONS OF THE
ASSOCIATION.
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6.00 ASSESSMENT FOR COMMON EXPENSES.
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7.01.9 Application of Payments.
7 .02 Denial of Use. (30)
7.03 A
expense
expense
7.04 Responsibility of an Owner for Occupants, Tenants, Guests, and Invitees.
any
expense
7.0S No Waiver.
7 .06 Rights Cumulative.
7.07 Enforcement or Against other Persons.
expense
10.01 Conflict With Articles or Bylaws.
10.02 Authority or Association and Declaration.
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ORB 7806 Pg 595
IN WITNESS WHEREOF, Declarant has executed this Declaration this id_ day of July, 1993.
ATTEST:��_;::,,,
By: -��::__
(Signature)
Print Name: :--Rebert A. £,s eo
Its Secretary
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this / 2. day of July, 1993, by H. Frank Lahage, as President of Highland Beach Associates, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced a driver's license as identification
and did take an oath.
My commission expires: lie (Signature) e: Tonyia B. Kaczmarek
(201\ae\byrd beadl doca\lalaage'004)
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The South three (3') feet of the North fifty (50') feet of Lot 11 Bryd Beach, according to the plat
thereof recorded in Plat Book 20, Page 1, Public Records of Palm Beach County, Florida.
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ORB 7806 P9 598
ARTICLES OF INCORPORATION
OF
BYRD BEACH ASSOCIATION, DfC.,
a Florida Hot-for-Profit Corporation
All of the definitions contained in the Declaration shall apply to these Articles of Incorporation and to the Bylaws of the Association, . both of which will be attached as Exhibits to the Declaration.
ARTICLE I -NAME
The name of the corporation is Byrd Beach Association, Inc. (the "Association") .
ARTICLE II -PURPOSE
The purposes for which the Association is organized are as follows:
1.To operate as a corporation not-for-profit pursuant to Chapter617 of the Florida Statutes.
2.To enforce and exercise the duties of the Association asprovided in the Declaration.
3.To promote the health, safety, welfare, comfort, and socialand economic benefit of the Members of the Association.
ARTICLE III - POWERS AHO DU'l'IES
The Association shall have the following powers and duties:
1.All of the common law· and statutory powers of a corporationnot-for-profit under the laws of the S�ate of Florida. I 2.To administer, enforce, carry out and perform all of the acts,functions, rights and duties provided in, or contemplated by, the I Declaration, including, but not limited to, the following:
a.To own the Property in fee simple or maintain an easementI interest in the Property, administer, manage, operate, maintain, improve, repair and/or replace the Property.
b.To make and collect Assessments against Members to defrayIthe costs , expenses and losses incurred or to be incurred by the . Association, and to use the proceeds thereof in the exercise of the
I . · Association's powers and duties.
c.To enforce the provisions of the Declaration, these,Articles, and the Bylaws.
EXHIBIT "B"
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• I ' ORB 7806 P9 599
d.To make, establish, and enforce reasonable rules andregulations governing the use of the Property owned by the Association.
e.To grant and modify easements to any public orquasi-public agency, authority, or utility company for public, utility, and drainage purposes.
f.To borrow money for the purposes of carrying out thepowers and duties of the Association.
g.To obtain insurance as provided by the Declaration.
h.To employ personnel necessary to perform the obligations,services and duties required of or to be performed by the Association and for proper operation of the Property for which the Association is responsible, or to contract with others for the performance of such obligations, services and/or duties.
i.To sue and be sued.
ARTICLE XV -MEMBERS
1.Upon completion of the requirements set forth in theDeclaration a Person shall become a Member of the Asso•ciation. The Association shall not have the responsibility or obligation of recognizing any such change in membership until the requirements of the Declaration have been completed. Upon completion of the requirements of the Declaration for new membership when applicable the retiring Membershall cease to be a Member.
a.Initial Member-The initial member of the Association shall be the Declarant.
b. Additional Members. All memberships other than the Declarant shall be established as provided in the Declaration.
2.on all matters upon which the membership shall be entitled tovote, there shall be only one vote for each Lot to which membership has been awarded. In the event any Lot is owned by more than one person and/or by an entity, the vote for such Lot shall be cast in the manner provided by the Bylaws. Any person or entity owning more than one Lot shall be entitled to one vote for each Lot owned for which membership has been granted.
J.The Bylaws shall provide for an annual meeting of the Membersof the Association and shall make provision for special meetings.
ARTICLE V -TERM OF EXISTEHCE
The Association shall have perpetual existence.
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ORB 7806 P9 600
ARTICLE YI -DIRECTORS
1.The property, business and affairs of the Association shall bemanaged by a Board consisting of either three (3) or five (5) directors. The Bylaws may provide for a method of determining the number of directors from time to time. In the absence of a determination as to the number ·of directors, the Board shall consist of three (3) directors. Directors are not required to be Members of the Association while the Association is controlled by the Oeclarant. Upon transfer of control, Directors must be Members of the Association.
2.All of the duties and powers of the Association existing underthe Declaration, these Articles and the Bylaws shall be exercised exclusively by the Board, its agents, contractors or employees, subject to approval by the Members only when specifically required.
3.The Declarant shall have the right to appoint all of thedirectors until December 31, 2000. The Declarant may waive its right to elect all the directors by written notice to the Association, and thereafter such directors shali be elected by the Members.
4.Directors may be removed and vacancies on the Board shall befilled in the manner provided in the Bylaws, provided that any director appointed by the Declarant may only be removed by the Declarant, and any vacancy on the Board shall be appointed by the Declarant if, at the time such vacancy is to be filled, the Declarant is entitled to appoint the. directors.
5.The names and addresses of the initial directors, who shallhold office until their successors are appointed or elected, are as follows: H.Frank Lahage2445 South Ocean Blvd.Highland Beach, Fl
Robert A. Eisen 433 Plaza Real Mizner Park #275 Boca Raton , F,l
Allan J. Gardner 948 Fern Drive Delray Beach, Fl
ARTICLE VII -OFFICERS
The officers of the Association shall be a president, vice president, secretary, treasurer and such other officers as the Board may from time to time by resolution create. The officers shall serve at the pleasure of the Board, and the Bylaws may provide for the removal from
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Oll3 7806 pg 601
off1c� of officers, for filling vacancies, and for the duties of the officers. The names and addresses of the officers who shall serve until their successors are designated by the Board are as follows:
President: H. Frank Lahage
Vice President: Allan J. Gardner
Secretary: Robert A. Eisen
ARTICLE VIII -DmEMHIFICATION
1.The Association shall indemnify any Person who was or is aparty, or is threatened to be made a party, to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association) by reason of the fact that he is or was a director, employee, officer or agent of the Association, against expenses (including attorneys' fees and appellate attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with the action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interest of the Association: and with respect to any criminal action or proceeding, if he had no reasonable cause to believe his conduct was unlawful: except, that no indemnification shall be made in respect to any claim, issue or matter as to which such person shall have been adjudged to be liable for gross negligence or willful misfeasance or malfeasance in the performance of his duty to the Association unless and only to the extent that the court in which the action or suit was brought shall determine, upon application, that despite the adjudication of liability, but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnify for such expenses which the court shall deem proper. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, in and of itseLf, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in, or not opposed to, the best interest of the Association: and with respect to any criminal action or proceeding, that he had no reasonable cause to believe that his conduct was unlawful.
2.To the extent that a director, officer, employee or agent ofthe Association has been successful on• the merits or otherwise in defense of any action, suit or Proceeding referred to in Paragraph l above, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' fees and appellate attorneys' fees) actually and reasonably incurred by him in connection therewith.
3.Any indemnification under Paragraph 1 above (unless ordered bya court) shall be made by the Association only as authorized in the specific case upon a determination that indemnification of the director,
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ORB 7806 P9 602
officer,1 e�ployee or agent is proper under the circumstances because he has met the applicable standard of conduct set forth in Paragraph 1 above. Such determination shall be made (a) by the Board by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (b) if such quorum is not obtainable or, even if obtainable, if a quorum of disinterested directors so directs, by independent legal counsel in a written opinion, or (c) by approval of th� Members.
4.Expenses incurred in defending a civil or criminal action,suit or proceeding may be paid by the Association in advance of the final disposition of such action, suit or proceeding as authorized by the Board in the specific case upon receipt of an undertaking by or on behalf of the directors, officer, employee or agent to repay such amount unless it shall ultimately be determined that he is entitled to beindemnified by the Association as authorized herein.
5.The indemnification provided herein shall not be deemedexclusive of any other rights to which those seeking indemnification may be entitled under the laws of the state of Florida, any Bylaw, agreement, vote of Members or otherwise; and as to action taken in an official capacity while holding office, shall continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors and administrators of such a person.
6.The Association shall have the power to purchase and maintaininsurance on behalf of any person who is or was a director, officer, employee or agent of the Association, or is or was serving at :the request of the Association as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability under the provisions of this Article.
ARTICLE IX -BYLAWS
The first Bylaws shall be adopted by the Board and may be altered, amended or rescinded by the Declarant, the Directors and/or Members in the manner provided by the Bylaws.
ARTICLE X -AMENDMENTS
Amendments to these Articles ·shall be proposed and adopted in the following manner:
1.A majority of the Board shall adopt a resolution setting forththe proposed amendment and directing that it be submitted to a vote at a meeting of the Members, which may be the annual or a special meeting.
2.Written notice setting forth the proposed amendment or asummary of the changes to be effected thereby shall be given to each
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ORB 7806 PCJ 603
t .' � I • Member entitled to vote thereon within the time and in the manner provided in the Bylaws for the giving of notice of a meeting of the Members. If the meeting is an annual meeting, the proposed amendment or such summary may be included in the notice of such annual meeting.
3.At such meeting, a vote of the Members entitled to votethereon ·shall be taken on the proposed amendment. The proposed amendment sha11 be adopted upon receiving the affirmative vote of three-quarters (3/4) of the votes of the entire membership of the Association.
4.Any number of amendments may be submitted to the Members andvoted upon by them at any one meeting.
5.If all of the directors and all of the Members eligible tovote sign a written statement manifesting their intention that an amendment to these Articles be adopted, then the amendment shall thereby be adopted as though the above requirements had been satisfied.
6.No amendment shall make any changes in the qualifications formembership nor in the voting rights of Members without approval by all of the members and the joinder of all Institutional Lenders holding mortgages on the Lots. No amendment shall be made that is in conflict with the Declaration.
7. No amendment to these Articles shall discriminates against any Member, or affects less Members, without the written approval of all of discriminated against or affected.
be made which than all of the the Members so
8. Notwithstanding anything herein to the contrary, until Turnover the Declarant shall, subject to the provisions of Paragraph 6 and 7 of this Article X, have the right to unilaterally amend these Articles without the joinder or approval of the Board, any member, or any other party.
9.Upon the approval of an amendment to these Articles, thearticles of amendment shall be executed and delivered to the Department of state as provided by law, and a copy certified by the Department of State shall be recorded in the public records of the county in which the Property is located.
ARTICLE XI -DISSOLUTION
In the event of dissolution or final liquidation of the Association, the assets, both real and personal, of the Association, shall be dedicated to an appropriate public agency to be devoted to purposes as nearly as practicable the same as those to which they wererequired to be devoted by the Association. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization, to be devoted to purposes as nearly as practicable to the same as those to which they were required to be devoted by the Association. No such disposition of Association Property shall be effective to divest or diminish any right or title of any Member vested
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. . ORB 7806 pg 604 ·'in'him under the recorded Declaration unless made in accordance with theprovisions of such Declaration.
ARTICLE XII-REGISTERED OFFICE ADDRESS AND NAME OF REGISTERED AGENT
The registered office of the Association shall be at 433 Plaza Real, Suite 275, Boca Raton, FL 33432. The registered agent of the Association at that address is Robert A. Eisen.
ARTICLE XIII
The incorporator of these Articles of Incorporator is Robert A. Eisen at 433 Plaza Real, Suite 275, Boca Raton, FL 33432.
WHEREFORE, the undersigned have executed these Articles on this 8th day of July, 1993.
STATE OF FLORIDA ) COUNTY OF PALM BEACH)
By�e Print Name: __ Robert A. Eisen ___ _
The foregoing instrument was acknowledged before me this 8th day of July, 1993, by Robert A. Eisen who is personally known to me or has produced a driver's license as i ntifi�ation and did take an oa
�� TONYIAB. KA:2MAREK =w:/ ·-:r..tlY C0UL1ISSl)N.
cc 1119135
: � : ] EXPIRES: Aplll 24, 1998 "".t,•···••lf'_.-•· llalldld111111-P11111cUlldlMltllls -.... .:.:..n-· ---7
(Si ture). 7'.? uy, t9¢l/v'l<! ;,;�E IC
My commission expires: (NOTARY SEAL)
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ORB 7806 Pg 605
REGISTERED AGENT CERTIFICATE AND ACCEPTANCE
Pursuant to Chapter 607, Florida Statutes, as amended, the following
is submitted:
1.BYRD BEACH ASSOCIATION, INC., a Florida not-for-profit
corporation, is desiring to organize under the laws or the State of Florida, with
its principal office as indicated in the Articles or Incorporation, at 433 Plaza
Real, Suite 275, Mizner Park, Boca Raton, FL 33432, and names Robert A.
Eisen, as its agent to accept service of process within the State of Florida.
2.Having been named to accept service of process for the
above-named corporation at the place designated in this Certificate, I hereby
accept acting in this capacity and agree to comply with the provisions of
Chapter 607, Florida Statutes, as amended, relative to keeping open said office.
� ROBERT A. EISEN
Registered Agent
Dated: --�-----------
<-· := "TJI,--
CD r-
� c:, _,..
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BYLAWS
OP
ORB 7 806 P9 606
BYRD BBACB ASSOCllTIOB, IBC., a Plorida not-for-profit corporation
1.00 GBBBRAL PRQUSIOHS.
1.01 Identity. These are the Bylaws of Byrd Beach Association, Inc. (the "Association"), a corporation not-for-profit formed under the laws of the State of Florida. The Association has been organized for the purposes stated in the Articles of Incorporation of the Association (the "Articles") and shall have all of the powers provided in these Bylaws, the Articles, the Declaration of Covenants and Restrictions for Byrd Beach Access Area (the "Declaration"), and any statute or law of the state of Florida, or any other power incident to any of the above powers.
1.02 Principal Office. The principal office of the Association shall be at such place as the Board may determine from time to time.
1.03 Piscal Year. The fiscal year of the Association shall be the calendar year.
1.04 bAl-The seal of the Association shall have inscribed upon it the name of the Association, the year of its incorporation and the words "Corporation not-for-profit." The seal may be used by causing it, or a facsimile thereof, to be impressed, affixed or otherwise reproduced upon any instrument or document executed in the name of the Association.
1. os Inspection of Books and Records. The books andrecords of the Association shall be open to inspection by all Members or their authorized representatives, and all holders, insurers or guarantors of any first mortgage encumbering a Lot owned by a Member upon request, during normal business hours or under other reasonable circumstances. Such records of the Association shall include current copies of the Declaration, Articles and Bylaws, and any amendments thereto, any contracts entered into by the Association, and the books, records and financial statements of the Association.
BXJIIBIT 11 C11
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Oll3 7806 pg 608
dispute arises between the co-owners as to how the vote for the Lot shall be cast, or in the event the co-owners are unable to concur in their decision upon any subject requiring a vote, they shall lose their right to cast the vote for the Lot on the matter being voted upon at that meeting, but their membership shall be counted for purposes of determining the existence of a quorum. For purposes of this paragraph, the principals or partners of any entity (other than a corporation) owning a Lot shall be deemed co-owners of the Lot, and the directors and officers of a corporation owning a Lot shall be deemed co-owners of the Lot.
3.o, Proxies. Every Member entitled to vote at a meeting ofthe Members, or to express consent or dissent without a meeting, may authorize another person or persons to act on the Member's behalf by a proxy signed by such Member or his attorney-in-fact. Any proxy shall be delivered to the secretary of the meeting at or prior to the time designated in the order of business for delivering proxies. Any proxy shall be effective only for the specific meeting for which originally given and any lawfully adjourned meetings thereof. In no event shall any proxy be valid for a period longer than one hundred twenty (120) days after the date of the first meeting for which it was given. Every proxy shall be revocable at any time at the pleasure of the member executing it. Every proxy shall specifically set forth the name of the person voting by proxy, and the name of the person authorized to vote the proxy for him. Every proxy shall contain the date, time, and place of the meeting for which the proxy is given, and if a limited proxy, shall set forth those items which the proxy holder may vote, and the manner in which the vote is to be cast.
4.00 MBKBBRSHIP KBBTINGS.
4.01 Who Hay Attend. In the event any Lot is owned by more than one person, all co-owners of the Lot may attend any meeting of the Members. In the event any Lot is owned by a corporation, any director or officer of the corporation may attend any meeting of the Members. However, the vote for any Lot shall be cast in accordance with the provisions of Paragraph 3.00 above.
,.02 Place. All meetings of the Members shall be held at the principal office of the Association or at such other place and at such time as shall be designated by the Board and stated in the notice of meeting.
4.03 Notices. Written notice stating the place, day and hour of any meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each Member entitled to vote at such meeting not less than 10 nor more than 60 days before the date of the meeting, by or at the direction of the president, the secretary or the officer or persons calling the meeting. For the purpose of determining Members entitled to notice of, or to vote at, any meeting of the Members of the
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Olm 7806 P, 609
Association, or in order to make a determination of the Members for any other purpose, the Board shall be entitled to rely upon the Member register as same exists ten days prior to the giving of the notice of any meeting, and the Board shall not be required to take into account any changes in membership occurring after that date but may, in their sole and absolute discretion, do so. Notwithstanding the foregoing, if a Lot is owned by more than one person or by an entity, only one notice shall be required to be given with respect to the Lot, which may be given to any co-owner as defined in Paragraph 3. 03. 02 of these Bylaws. Notice to any Member or co-owner shall be sent to the Lot of such Member or co-owner, unless the owner(s) of the Lot otherwise request.
4.04 Waiver of Botice. Whenever any notice is required to be given to any member under the provisions of the Articles or these Bylaws, or as otherwise provided by law, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be equivalent to the giving of such notice. Attendance of a Member at a meeting shall constitute a waiver of notice of such meeting, except when the Member objects at the beginning of the meeting to the transaction of any business because the meeting is not lawfully called or convened.
,.os •npyal Meeting. The annual meeting for the purpose of electing directors and for transacting any other business shall be held at eight o'clock p.m. on the third Tuesday in March of each year, or at such other time in the months of January, February or March of each year as shall be selected by the Board and as is contained in the notice of such meeting. However, until Turnover has occurred no annual meetings will be required to be held.
4.06 Special Meetings. Until turnover has occurred, only the Declarant may call a special meeting of the members. After Turnover, special meetings of the Members may be called at any time by any director, the president, or at the request, in writing, by not less than one-third (l/3) of the Members, or as otherwise provided by law. Such request shall state the purpose of the proposed meeting. Business transacted at all special meetings shall be confined to the subjects stated in the notice of meeting. Notice of any special meeting shall be given by the secretary or other officer of the Association, to all of the Members within fifteen (15)days after same is duly called, and the meeting shall be heldwithin forty-five (45) days after same is duly called.
4.07 Adjournments. Any meeting may be adjourned or continued by a majority vote of the Members present in person or by proxy and entitled to vote, or if no Member entitled to vote is present, then any officer of the Association may adjourn the meeting from time to time. If any meeting is adjourned or continued to another time or place, it shall not be necessary to give any notice of the adjourned meeting, if the time and place to which the meeting is
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ORB 7806 Pt 611
not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all Members entitled to vote thereon were present and voted. Within ten days after obtaining such authorization by written consent, notice shall be given to those Members who have not consented in writing. The notice shall fairly summarize the material features of the authorized action. If a Lot is owned by more than one person or by a corporation, the consent for such Lot need only be signed by one person who would be entitled to cast the vote for the Lot as a co-owner pursuant to Paragraph 3.03.02 of these Bylaws.
s.oo DIRBCTQRS.
s.01 Membership.
s.01.01 The affairs of the Association shall be managed by aBoard consisting of either three (3) or five (5) directors. Until TUrnover, the number of directors will be determined, and may be changed from time to time, by the Declarant by written notice to the Board. After TUrnover, the number of directors may be changed at any meeting where the Members are to elect any directors (i) by the then existing Board, if prior to such meeting of the Members the Board votes to change the number of directors and such change is indicated in the notice of the meeting sent to the Members, or (ii)by the Members at the meeting prior to the election ofdirectors. If the number of directors on the Board is not changed,then the number of directors shall be the same as the number on theBoard prior to such meeting (plus any unfilled vacancies created bythe death, resignation or removal of a director). In any eventthere shall always be an odd number of directors.
5.02 Election of Directors by Members. Election of directors to be elected by the Members of the Association shall be conducted in the following manner:
5.02.01 Within sixty days after the Declarant notifies the Association in writing that it waives its right to appoint all of directors, the Association shall call, and give not less than thirty (30) days nor more than forty (40) days notice of, a special meeting of the Members to elect directors. Such special meeting may be called and the notice given by any Member if the Association fails to do so. At such special meeting the Members shall elect any directors which they are entitled to elect, and if they fail to do so any directors appointed by Declarant which would have been replaced by any directors elected by the Members may resign without further liability or obligation to the Association. In the event such a special meeting is called and held, at such meeting the Members may elect all the directors necessary to constitute the board of directors to hold office until the next annual meeting of the Members. If such next annual meeting would be less than four (4)months after the date of the special meeting, then such nextannual meeting of the Members shall not be held.
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ORS 7806 P9 612
s.02.02 Except as provided above, the Members shall electdirectors at the annual Members' meetings.
s.02.03 Prior to any special or annual meeting after Turnover,the existing Board may nominate a committee, which committee shall nominate one person for each director to be elected by the Members, on the basis that the number of directors to serve on the Board will not be altered by the Members at the Members• meeting. Nominations for additional directorships created at the meeting shall be made from the floor, and other nominations may be made from the floor.
s.02.04 The election of directors by the Members shall be byballot (unless dispensed with by unanimous consent) and by a plurality of the votes cast J each Member voting being entitled to cast his votes for each of as many nominees as there are vacancies to be filled. There shall be no cumulative voting.
s.03 Term of Office. All directors elected by the Membersshall hold office until the next annual meeting of the Members and until their successors are duly elected, or until such director's death, resignation or removal, as hereinafter provided or as otherwise provided by statute or by the Articles.
5.04 organizational Meeting. The newly elected Board shall meet for the purposes of organization, the election of officers and the transaction of other business immediately after their election or within ten ( 10) days of same at such place and time as shall be filed by the directors at the meeting at which they were elected, and no further notice of the organizational meeting shall be necessary.
s.os Regular Meetings. Regular meetings of the Board may beheld at such time and place as shall be determined, from time to time, by a majority of the directors.
5.06 Special Meetings. Special meetings of the Board may be called by any director, or by the president, at any time.
5.07 Notice of Meetings. Notice of each meeting of the Board shall be given by the secretary, or by any other officer or director, which notice shall state the day, place and hour of the meeting. Notice of such meeting shall be delivered to each director either personally or by telephone or telegraph, at least 48 hours before the time at which such meeting is to be held, or by first class mail, postage prepaid, addressed to such director at his residence, or usual place of business, mailed at least five •(5) days before the day on which such meeting is to be held. Notice of a meeting of the Board need not be given to any director who signs a waiver of notice either before or after the meeting. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting and a waiver of any and all objections to the place of
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OIIB 7806 pg 613
the meeting, the time of the meeting, or the manner in which it has been called or convened, except when a director states, at the beginning of the meeting, an objection to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board need be specified in any notice or waiver of notice of such meeting.
5.08 Ouorum and �•pp1r of Acting. A majority of the directorsdetermined in the manner provided in these Bylaws shall constitute a quorum for the transaction of any business at a meeting of the Board. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board, unless the act of a greater number of directors is required by statute, the Declaration the Articles, or by these Bylaws. A director may join by written concurrence in any action taken at a meeting of the Board but such concurrence may not be used for the purposes of creating a quorum.
5.09 Adjourned Meetings. A majority of the directors present at a meeting, whether or not a quorum exists, may adjourn any meeting of the Board to another place and time. Notice of any such adjourned meeting shall be given to the directors who are not present at the time of the adjournment, and, unless the time and place of the adjourned meeting are announced at the time of the adjournment, to the other directors. At any adjourned meeting, any business that might have been transacted at the meeting as originally called may be transacted without further notice.
5.10 Presiding Officer. The presiding officer of the Board meetings shall be the chairman of the Board if such an officer is elected; and if none, the president of the Association shall preside. In the absence of the presiding officer, the directors shall designate one of their members to preside.
5.11 Order of Business. The order of business at a Boardmeeting shall be:
s.11.O1 Calling of role;
s.11.O2 Proof of due notice of meeting;
5.11.03 Reading and disposal of any unapproved minutes;
s.11.0, Reports of officers and committees;
5.11.05 Election of officers;
5.11.06 Unfinished business;
s.11.O1 New business;
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s.11.oa Adjournment
•. ;--,c--.. ... t f 7--•
ORB 7806 Pt 614
s.12 Minutes of Meetings. The minutes of all meetings of theBoard shall be kept in a book available for inspection by the Members of the Association, or their authorized representatives, and the directors at any reasonable time. The Association shall retain these minutes for a period of not less than seven years.
5.13 Copittees. The Board may, by resolution duly adopted, appoint committees. Any community shall have and may exercise such powers, duties and functions as may be determined by the Board from time to time, which may include any powers which may be exercised by the Board and which are not prohibited by law from being exercised by a committee.
s.1, Resignation. Any director may resign at any time bygiving written notice of his resignation to another director or officer. Any such resignation shall take effect at the time specified therein or, if the time when such resignation is to become effective is not specified therein, immediately upon its receipt; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
5. 15 Rpoyal of Directors. Directors may be removed asfollows:
s.1s.01 Any director other than a director appointed by theDeclarant may be removed by a majority vote of the remaining directors, if such director (a) has been absent for the last three consecutive Board meetings, and/or adjournments and continuances of such meetings; or (b) is an Member and has been delinquent for more than thirty (30) days after written notice in the payment of Assessments or other monies owed to the Association.
5.15.02 Any director other than a director appointed by the Declarant may be removed with or without cause by the vote of a majority of the Members of the Association at a special meeting of the members called by not less than ten percent of the Members of the Association expressly for that purpose. The vacancy on the Board caused by any such removal may be filled by the Members at such meeting or, if the Members shall fail to fill such vacancy, by the Board, as in the case of any other vacancy on the Board.
s.16 vacancies.
5.16.01 Vacancies in the Board may be filled by a majority vote of the directors then in office, though less than a quorum, or by a sole remaining director, and a director so chosen shall hold office until the next annual election and until his successors is duly elected, unless sooner displaced. If there are no directors, then a special election of the Members shall be called to elect the directors. Notwithstanding anything contained herein to the
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ORB 7806 Pg 615
contrary, the Declarant at all times shall have the right to appoint the maximum number of directors permitted by the Articles, and any vacancies on the Board may be filled by the Declarant until Turnover.
5.16.02 In the event the Association fails to fill vacancies on the Board sufficient to constitute a quorum in accordance with these Bylaws, any Member may apply to the Circuit Court of the County in which the Property is located for the appointment of a receiver to manage the affairs of the Association. At least thirty (30)days prior to applying to the Circuit court, the Member shallmail to the Association a notice describing the intended actiongiving the Association the opportunity to fill the vacancies. Ifduring such time the Association fails to fill the vacancies, theMember may proceed with the petition. If a receiver is appointed,the Association shall be responsible for the salary of thereceiver, court costs, and attorneys• fees. The receiver shall haveall powers and duties of a duly constituted member of the Board,and shall serve until the Association fills vacancies on the Boardsufficient to constitute a quorum.
s.11 Directors Appointed by the Declarant. Notwithstandinganything contained herein to the contrary, the Declarant shall have the right to appoint the maximum number of directors in accordance with the privileges granted to the Declarant pursuant to the Articles. All directors appointed by the Declarant shall serve at the pleasure of the Declarant, and the Declarant shall have the absolute right, at any time, and in its sole discretion, to remove any director appointed by it, and to replace such director with another person to serve on the Board. Replacement of any director appointed by the Declarant shall be made by written instrument delivered to any officer or any other director, which instrument shall specify the name of the person designated as successor director. The removal of any director and the designation of his successor by the Declarant shall become effective immediately upon delivery of such written instrument by the Declarant.
5.18 compensation. The Directors shall not be entitled to any compensation for serving as Directors unless the Members approve such compensation, provided however, the Association may reimburse any Director for expenses incurred on behalf of the Association without approval of the Members.
5.19 Powers and Duties. The directors shall have the right to exercise all of the powers and duties of the Association, express or implied, existing under these Bylaws, the Articles, the Declaration, or as otherwise provided by statute or law.
6.00 OPFICBRS.
,.01 Members Association shall and oualifications. include a president,
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The officers of the a vice president, a
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ORS 7806 P9 616
treasurer and a secretary, all of whom shall be elected by the directors and may be preemptively removed from office with or without cause by the directors. Any person may hold two or more offices except that the president shall not also be the secretary. The Board may, from time to time, elect such other officers and designate their powers and duties as the Board shall find to be appropriate to manage the affairs of the Association from time to time. Each officer shall hold office until the meeting of the Board following the next annual meeting of the members, or until his successor shall have been duly elected and shall have qualified, or until his death, or until he shall have resigned, or until he shall have been removed, as provided in these Bylaws.
6.02 Resignations. Any officer may resign at any time bygiving written notice of his resignation to any director or officer. Any such resignation shall take effect at the time specified therein, or if there is no time specified therein, immediately upon its receipt: and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make such resignation effective.
6.03 Vacancies. A vacancy in any office, whether arising from death, resignation, removal or any other cause may be filled for the unexpired portion of the term of the office which shall be vacant in the manner prescribed in these Bylaws for the regular election or appointment of such office.
6.04 The President. The president shall be the chief executive officer of the Association. He shall have all of the powers and duties which are usually vested in the office of president of an association or corporation including, but not limited to, the power to appoint committees from among the members from time to time, as he may in his discretion deem appropriate to assist in the conduct of the affairs of the Association.
6.05 The Vice President. The vice president shall, in theabsence or disability of the president, exercise the powers and perform the duties of the president. He shall also assist the president generally and exercise such other powers and perform such other duties as may be prescribed by the directors.
6.06 The secretary. The secretary shall prepare and keep the minutes of all proceedings of the directors and the members. He shall attend to the giving and serving of all notices to the members and directors and other notices required by law. He shall have custody of the seal of the Association and affix the same to instruments requiring a seal when duly executed. He shall keep the records of the Association, except those of the treasurer, and shall perform all other duties incident to the office of secretary of an association, and as may be required by the directors or the president.
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ORB 7806 P9 618
mainta1n accounting records according to good accounting practices. The records shall be open to inspection by Members and Institutional Lenders or their authorized representatives, at reasonable times. The records shall include, but not be limited to, (a) a record of all receipts and expenditures, and (b) the Assessment roll of the members referred to above. The Board may, and upon the vote of a majority of the Members shall, conduct a review of the accounts of the Association by a public accountant, and if such an review is made, a copy of the report shall be furnished to each Member, or their authorized representative, within fifteen days after same is received by the Board.
a.oo PARLIAIIBN'l'l\RY RULBS. Roberts• Rules of Order (latestedition) shall govern the conduct of the Association meetings when not in conflict with the Declaration, the Articles or these Bylaws.
t.oo ANBIJ>IIBJl'l'S. Except as otherwise provided, these Bylawsmay be amended in the following manner:
t.01 Notice. Notice of the subject matter of a proposedamendment shall be included in the notice of any meeting at which a proposed amendment is to be considered.
9.02 Initiation. A resolution to amend these Bylaws may be proposed either by any director, or by or at the direction of one-third (1/3) or more of the Members of the Association.
9.03 Adoption of Allendaents.
9.03.01 A resolution for the adoption of the proposed amendment shall be adopted either: (a) by unanimous vote of all of the directors, or (b) by not less than three-quarters (3/4) of the votes of the entire membership of the Association. Any amendment approved by the Members may provide that the Board may not further amend, modify or repeal such amendment.
9.03.02 Notwithstanding anything contained herein to the contrary, so long as the Declarant is entitled to appoint a majority of the directors, the Declarant shall have the right to unilaterally amend these Bylaws without the joinder or approval of the Board, any Member, any Institutional Lender or any other party, subject, however, to the provisions of Paragraphs 9.04 and 9.05 of these Bylaws.
9.04 No amendment shall make any changes in the qualification for membership nor in the voting rights or property rights of Members without approval by all of the Members and the joinder of all record owners of mortgages upon the Member's Lots. No amendment shall be made that is in conflict with the Declaration or the Articles. So long as the Declarant is entitled to appoint a majority of the directors, no amendment shall make any changes
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OE 7806 P, 619
which would in any way affect any of the rights, privileges, powers or options herein provided in favor of, or reserved to, the Declarant, unless the Declarant shall join in the execution of the amendment, including, but not limited to, any right of the Declarant to appoint directors.
9.05 No amendment to these Bylaws shall be made which discriminates against any Member, or affects less than all of the Members without the written approval of all of the Members so discriminated against or affected.
9.06 No modification of, or amendment to, the Bylaws shall be valid until recorded in the public records of the county in which the Property is located.
10.00 KISCBLLANBQQS.
10.01 Tenses and Genders. The use of any gender or of any tense in these Bylaws shall refer to all genders or to all tenses, wherever the context so requires.
10.02 Partial Invalidity. Should any of the provisions hereof be void or become unenforceable at law or in equity, the remaining provisions shall, nevertheless, be and remain in full force and effect.
10.03 Conflicts. In the event of any conflict, the Declaration, the Articles, and these Bylaws, shall govern, in that order.
10.04 Captions. captions are inserted herein only as a matter of convenience and for reference, and in no way are intended to or shall define, limit or describe the scope of these Bylaws or the intent of any provisions hereof.
10.os Waiver of Objections. The failure of the Board or anyofficers of the Association to comply with any terms and provisions of the Declaration, the Articles, or these Bylaws which relate to time limitations shall not, in and of itself, invalidate the act done or performed. Any such failure shall be waived if it is not objected to by a member of the Association within ten (10) days after the member is notified, or becomes aware, of the failure. Furthermore, if such failure occurs at a general or special meeting, the failure shall be waived as to all members who received notice of the meeting or appeared and failed to object to such failure at the meeting.
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ORB 7806 P9 620
The foregoing was adopted as the Amended and Restated Bylaws of the Association at the meeting of the Board on the ____ day of ________ , 1993.
By:
By:
By:
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Thi., ill5t rumcnt prepared by
J and record and return to:
Robert A Ei'ICn, Esq.
433 Plaza Real -Suite 275
Boca Rnton, FL 33432
ORB 7806 PtJ
ACKNOWLEDGEMENT AND CONSENT AGREEMENT
WHEREAS, the Declaration of Covena nts and Restrictions for Byrd Beach Access Area
(hereinafter rercrred lo as "the Declaration") WIIS recorded in Official Records Boole ___ , Page
___ of the Public Records of Pa lm Beach County, Florida;
WHEREAS, the undersigned arc the owners or Lot ___, of BYRD BEACH, according
lo the Plat thereof, as recorded in Plat Boolt 20, Page 1, of the Public Records of Palm Beach
County, Florida and, therefore, pursuant to the term.� and provisions of the Declaration, said Lot
qualifies for membership in the Byrd Beach A�ation, Inc. ("As.�iation") created by the
Declaration;
WHEREAS, the undersigned has been accepted by the Board of Directors for membership
in the Ac;sociation;
NOW. THEREFORE. in order to fulfill the conditions of membership in the Association as
set forth in the Declaration, the undersigned hereby slates:
1. The foregoing recitation.� are true and correcl.
2.The undersigned constitute all of the Owners of the Lot described above.
3.The undersigned hereby acknowledge that they have read the Declaration and agree lo
be bound by the terms and conditions sci forth therein a nd any and all amendments thereto.
4.The undersigned do hereby subject the Lot to the terms and conditions of the Decla ration
including without limitation the lien of Association assessments against the Lot and any all rights or
the Association lo enforce and foreclose such lien.
IN WITNESS WHEREOF. the parties have set their hands and seals this __ day of
___ ,199_.
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this __ day of ______ , 199_, before me, a Notary
Public duly authorized in the State and County aforesaid to ta lte aclcnowledgcments, personally
appea red -------------------------,-----,--• who
have produced _______________ as identification and who did ta lee an oa th.
My commission expires:
Signature of Notary Public
Print Name: Tonyia B. Kaczmarek
Approved and accepted by BYRD BEACH ASSOC1ATION, INC .• a Florida not-for-profit
corporation.
ST A TE OF FLORIDA )
COUNTY OF PALM BEACH )
BYRD BEACH ASSOClATION, INC.,
a Florida non-profit association
By:·----------,--...,,..-,,--::--,-,--H.FRANK lAHAGE, President
I HEREBY CERTIFY that on this_ day or ______ , 199_, before me, a Notary
Public duly authorized in the Stale and County aforesaid lo lake acknowledgements, personally
appeared H. FRANK LAHAGE, as President of BYRD BEACH ASSOCIATION, INC., a Florida
not-for-profit corporation, who produced a driver's licen.� as identification and who did talcc an oath.
My commission expires:
EXHIBIT"E"
Signature of Nota ry Public
Print Name: Tonyia 8. Kaczmarek
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ORB 7806 pg 623 THIS INSTRUMENT PREPARED BY AND RECORD AND RETURN TO:
Robert A. Eisen, Esq. 433 Plaza Real suite 275 Boca Raton, Florida 33432
GRANT OF EASEMENT
THIS GRANT OF EASEMENT, made this --day of July, 1993, by and between Highland Beach Associates, Inc. , their successors and assigns (hereinafter referred to as "Grantor") and Byrd Beach Association, Inc., a Florida corporation not-for-profit (hereinafter referred to as "Grantee").
WHEREAS, Grantor is the owner of the following described real property:
The South 3 1 of the North fifty (50 1 ) of Lot ll, Byrd Beach, according to the Plat thereof as recorded in Plat Book 20, Page l, Public Records of Palm Beach County, Florida (hereinafter referred to as "the Property").
WHEREAS, the Grantee is a duly formed not-for-profit corporation formed for the purpose of being beneficiary of the easement to be granted herein and for providing memberships in the Association pursuant the terms and conditions of the Declaration of Covenants and Restrictions for Byrd Beach Access Area recorded in Official Records Book , Page of the Public Records of Palm Beach County, Florida ("the Declaration");
WHEREAS, the persons eligible for membership are the owners of certain property located on the west side of A-1-A, which properties abut the Intracoastal Waterway on their eastern boundary. The eligible members of the Association are listed in a certificate of eligible members maintained by the Association;
WHEREAS, the Grantee desires to obtain from Grantor an easement over the Property for access to the Atlantic Ocean beach for members of the Association.
NOW, THEREFORE, for and in consideration of the sum of ($10.00) Dollars and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, parties agree as follows:
l.The recitals set forth above are true and correct.
Ten the the
2.Grantor hereby grants a renewable, nonexclusive privateeasement to the Association for the use of its members pursuant to the terms of the Declaration and the terms set forth herein for a private pedestrian beach access and use over and across the Property.
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ORB 7806 Pg 624
3.The grant of the easement herein shall be binding upon theGrantor, their successors and assigns and the owner of Lot 11, Plat of Byrd Beach, Plat Book 20, Page 1 of the Public Records of Palm Beach County, Florida.
4.This Grant of Easement may be amended only by a writingsigned by the Grantor and Grantee, their successors and/or assigns. The members shall not be required to join in any amendment.
5.Upon release of a Unity of Title recorded at OfficialRecords Book 7014, Page 1009 for Lots lOA and the north SO' of Lot llA of Byrd Beach and recording of a Quit-Claim Deed from the Grantor to the Grantee the grant of easement provided herein shall automatically be deemed null and void and of no further force and effect.
6.The use of the Property by the Association and its membersshall be subject to all of the terms and conditions of the Declaration.
IN WITNESS WHEREOF, the parties have executed this Easement Deed on the day of July, 1993.
WITNESSES: Highland Beach Associates, Inc.
By: ___ -=----:----,,---,:-------,,,.......-..,....,,-�-H.Frank Lahage, President
Byrd Beach Association, Inc.
By: ____ __,,-----�---=------:-�---,---H.Frank Lahage, President
BXHIBIT 11 P11
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THIS INSTRUMENT PREPARED BY AND RECORD AND RETURN TO: Robert A. Eisen, Esq. 433 Plaza Real � Suite 275 Boca Raton, Florida 33432
Parcel I.D. No.
Grantee•s Soc. sec. No.:
REcll Vf.Rlft&6 �nf;11i1uo CLERK OF THE COURT - PB COUNTY, FL
OUIT-CIAIM PEED
THIS QUIT-CLAIM DEED, executed this day of----,,---,--,--' 199_ by Highland Beach Associates, Inc. to Byrd Beach Association, Inc., whose post office address is c/o Robert A. Eisen, 433 Plaza Real -Suite 275, Boca Raton, FL 33432 second party:
WITNBSSETH, That the said first party for and in consideration of the sum of Ten ($10.00) Dollars in hand paid by the second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described property, situate lying and being in Palm Beach County, Florida, to wit:
The South 3' of the North SO' of Lot 11, Byrd Beach, according to the Plat thereof, as recorded in Plat Book 20, Page 1 of the Public Records of Palm Beach County, Florida.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the second party forever.
IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in the presence of:
STATE OF FLORIDA COUNTY OF PALM BEACH
Highland Beadh Associates, Inc.
By: _____ ....,...-------,---H.Frank Lahage, President
The foregoing instrument was acknowledged before me this day of---......,...-------' 19 _ by H. Frank Lahage as President of Highland Beach Associates, Inc. who is personally known to me or who has produced __________ as identification and who did take an oath.
Notary Public My commission expires:
EXHIBIT 11 G11
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h. INSTRUMENT PREPARED BY RECORD AND RE1lJRN TO:
Robert A Eilea, Elq. Plaza Real S11itc 'J:TS Boca RatoA. Florida 33432
'IP-22-1993 9:12am 93-301 735 . ORB 7895 PCJ 1296 :f ····-··-···-: Con 10. 00 Doc • 70
GRANT OF EASEMENT
nus GRANT OF EASEMENT, made tbis.1O day of July, 191J3, by and between Highland
Beach Associates, Inc. , their ,ucceaors and llligm (bcrcinafter referred lo as "Granlorj and Byrd
Beach Association, Inc., a Florida a,rporatioo not-for-profil (hereinafter referred lo as "Grantee").
WHEREAS. Granlor is thc owner of thc following dcsaibcd real property:
The South 3' of thc North fifty (50') of Lot 11, Byrd Beach, aa:ording lo thc Plat lbcn:of as
recorded in Plat Book 20, Page 1, Public Recordl of Palm Beach County, Florida (hereinafter
referred lo - "the Property").
WHEREAS, the Graolcc ii a duly formed nol-for-prolit corporation formed for thc purpoiC
of being bcncliciary of the eacmcnt to be granted herein and for providing mcmbcrlhips in thc
·Association punuant the team and cooditiom oC the Declaration oC Covenants and Rcstrictiom for
Byrd Beach Aax:sl Arca nxordcd in OIIicial Records Book 7806, Page 582, of the Public Records
of Palm Beach County, Florida C-the Declaralionj;
WHEREAS, the pcl'50DS eligible for mcmbcnhip arc the ownen of certain property localed
on the west lide of A-1-A, which properties abut the lntracoastal Waterway on their caslcm
boundary. The eligible membcn of the Alsociation arc listed in a certificate or eligible mcmbcrl
. ·�·.
maintained by the Association;
WHEREAS, the Grantee daircs to obtain Crom Granlor an euement OYCr the Property for
acce11 lo the Allanlic Ocean bc:ach for members oC the Association.
NOW, TIIEREFORE, for and in comidcration of the ,um of Ten ($10.00) Dollan and other
good and valuable comidcratioo, the rca:ipl and IUfficicncy of which is bcrcby acknowledged, the
partia agree as CoUows:
1.The recilall set forth abOYC arc true and a>rrect.
2.Granlor bc:ccby gran1I a perpetual, DODCllCllllive pciv-.&te eacmcnt to the Association for
the use of il and its mcmbcrl pur1uant to the tcnm of the Declaration and the tenm set forth herein
for a private pedcl1rian beach acces1 and use OYCr and IICl'OII the Property.
3.The grant of the casement herein lball be binding upon the Granlor, their 1uc:c:cs&ors and
llligm and the owner of the north so· oC Lol 11, Plat of Byrd Beach, Plat Book 20, Page 1 of the
Public Records of Palm Beach County, Florida.
4.This Grant of Eucment may be amended only by a wriling signed by the Grantor and
Grantee, their ,ucccuors and/or auigns. The members or the Aaocialion ,hall not be required to
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. join in any amendmenL
·ORB 7895 ��1uP
ftirOF•�RT - PB COUNTY, FL
5.Upon release of a Unity of Tille recorded at Official Rea>rds Book 7014, Page 1009 for
Lots 10A and the north 50' of Lot 11A of Byrd Beach and recording of a Quit-Claim Deed from the
Grantor to the Grantee, the grant of casement provided herein shall automatically be deemed null
and wid and of DO further force and effect.
6. The use of the Property by the Association and its members shall be subject to all of the
terms and conditions of the Declaration.
IN WITNESS WHEREOF, lhc pArtics haw ca::culed this Easement Deed on tlic.:)c day
of July, 1993.
WITNFSSF.S:
STATE OF FLORIDA
COUNTY OF PALM BE'.ACH
TIie forqoiag iastnlDCIII - � before me � day of JIily, 1993, by H. FRANK LAHAGE, a Praidcat of HIGHLAND BEAOI ASSOCIATES, INC., a Florida mrporatioa, wllo Im prodaa:d
a dmcr'l liccalc • idcatificatiota ud did lake u oalll.
SfATE Of FlOIID,\ COUNIY Of l'lllM 1EAC:H
NOTARY PUBUC
��•4'-riaf,�,.,..� Saale or Florida at Large
TIie � �f ;,_ acbowlc:dgcd before ac tu.to day of Jilly, 1993, by HOWARD H.
FR..A,tfK LAHAGE. •-Pn:aidcal of BYRD BEAOI ASSOCIATION, INC., a Florida mrporatioa, wllo llas
f�)ii� a�� 1ia:a1c • idca_tilicatioa ud did lake u oalll.
�i-t· .. ' _:t. • �.\ .-· •• , ..... , . .,;..: .... ::: •• , .. ·. My coaallllOII apua: �.: . :NOTARY PUBLIC
�N�f:-x:± State of Florida at Large
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��d �;Co;n� �o�ssioners County Administrator Robert Weisman Mary McCarty, Chair f<en L. Foster, Vice Chairman f<aren T. Marcus Department of Environmental Resources Management Carol A. Roberts
Earren H. Newell urt Aaronson aude Ford Lee B�
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PERMIT FOR ALTERATION IN THE COAST AL PROTECTION ZONE
PERMITTEE: H.Frank LaHage and Associates, Inc.c/o Law Office of Robert Eisen433 Plaza Teal, Suite 275Boca Raton, FL 33432
PERMIT NO. CP-242-93 EXPIRATION DATE: 7/15/94 SECTIONtrOWNSHIP/RANGE: 28/46/43
This permit is issued under the authority of the Coutal Protection Section of the Palm Beach County Unified Land Development Code, Article 9, Section 9.1. If no objection to this permit is received within twenty (20) days, permittee will be deemed to have accepted the permit and all enclosed terms and conditions. The above named permittee is hereby authorized to perform the work shown on the application and approved drawing(s), plam, and other documents enclosed herewith or on file with the Department and made a part hereof and specifically described as follows:
PROJECT DESCRWfION:
To construct a 99' long by 4' wide dune walkover. In addition, an area devoid of dune vegetation will be planted with Seagrapes to offset dune impacts incurred with the placement of the dune walkover within the 4' wide easement area.
IN ACCORDANCE WITH:
Conditions 1-13 and three (3) enclosed sheets.
LOCATED IN:
The Coastal Protection Zone, east of the Coutal Construction Control Line, Byrd Beach, Lot 11, 2445 South Ocean Boulevard, Highland Beach.
CONDIDONS:
1.It is the responsibility of the pennittee to obtain all other necessary federal, state or localauthorizations for the work described herein, including municipal or County buildingpermits.
� printed on recya«f paper
"An Equal Opportunity • Affirmative Action Employer"
3111 S. Dixie Hwy., Suite 146 West Palm Beach, Aorida 33405
(407)355-4011 Suncom 273-4011
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Permit No. CP-242-93 Page 2
2.This permit shall be kept at the work site of the permitted activity during the entire periodof construction or operation.
3.The permittee shall adhere to all construction details and methodology indicated on theenclosed permit drawings. AJJ.y deviation from the approved plans will require priorauthorization from this Department.
4.Written notification shall be provided to the Department of Environmental R�urces
Management a minimum of forty-eight (48) hours prior to commencement of constructionand a maximum of forty-eight (48) hours following project construction.
S.No project construction shall occur between May 1st and October 31st in order to protectpotential sea turtle nesting sites in the project area.
6.Construction of dune walkovers shall not exceed a swath of dismrbance a total of 4' wider
than the permitted walkover width.
7.No light fixtures shall be installed on the permitted dune walkover.
8.Prior to commencing the construction of the dune walkover, the vegetation plan (Seagrapesplanted 3' on center) shall be completed as depicted on Sheet 2 to offset dune impactsassociated with the project.
9.The Department shall be notified immediately following the plantings, at which time staffwill conduct a compliance inspection. Subsequently, the pennittee shall need Departmentauthorization to proceed with the construction of the dune walkover.
10.A temporary irrigation system shall be installed to irrigate the dune plantings, as necessary,
and shall be designed and operated to prevent irrigation of the unvegetated portion of thebeach or any known sea turtle nests.
11.The planted areas shall be monitored on a quarterly basis to maintain 80% survivorship ofthe originally required plantings and to maintain the coverage (density of 3' on center)afforded by the naturally occurring dune area. Within seven (7) days following the initialplantings, the pennittee shall submit a "baseline" report with clear, dated, color photographs(from referenced locations) specifying the date and number of planting species. A drawingreferencing the photographs shall be included. The first monitoring report shall besubmitted three (3) months following the baseline report and shall include the number ofplants surviving, additional seedlings planted, explanations for any failure of plantings tothrive and photographs from the locations referenced in the baseline report.
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Permit No. CP-242-93
Page 3
11.Continued:
Subsequent monitoring reports shall be prepared during the first week of each quarter specifyingthe number of surviving plants and replacement plantings effected to maintain the amount ofcoverage and 80% survivorship of the initial plantings. (See the enclosed monitoring report form.)The reports shall be submitted to the Department within one week of monitoring. Each reportshall contain at least one clear, dated, color photograph of the revegetation area. Monitoring shallcontinue until the Department is reasonably assured of successful establishment and coverage for 80% of the originally required plantings (at least one year). The permittee shall provide
replacement plantings, as necessary, so as to maintain adequate coverage and 80% survivorshipof the originally required plantings. Determination of survivorship and replacement plantings shallbe done on at least a quarterly basis. Replacement plantings to sustain adequate coverage and80% survivorship shall be maintained and monitored for at least one (1) year.
12.If it is determined by Department staff, based on visual inspection and review of themonitoring reports that the planting effort is not successful pursuant to Specific ConditionsNos. 8 and 11 above, the permittee shall pr�ent methods and proposals to be reviewed andapproved by the Department within thirty (30) days of the Department's notification, to ensuresuccess of the effort. The plan of corrective actions shall be implemented within ninety (90) daysof written approval by the Department.
13.Prior to commencing the construction of the dune walkover, the permittee shall submit to the
Department evidence of either a legal recorded easement for the four (4) foot wide dune walkoverproperty area or a copy of a deed from the purchase of the four (4) foot wide dune walkoverproperty area to a created association for the usage of no more than twelve (12) lot owners on thew� side of State Route AIA as depicted on Sheet 1.
REW:DM:tbEnclosur� cc: (with enclosur�) Town of Highland Beach
·u{.L-n ,, Issued this / T day of�--Palm Beach County Department of Environmental R�ur� Management
, 1993
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PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT
QUARTERLY MITIGATION MONITORING REPORT FORM
Project Name _________________ .Permit or File# _______ _
Monitoring Report Number ___ of ___ Total reports required. Date ______ _
Date the site was inspected _________ �Due date for next report ____ _
< I > species planted # reguired # planted I surviving , replanted
Exotic species removed and method of removal _________________ _
Additional observations or comments ______________________ _
I Site inspected by ( print Name) _______________________ _
I Report prepared by ( pri nt Name) _______________________ _
Address ____________________________________ _
Signatu re of preparer _____________________________ _
Attach recent dated color photographs of the mitigation site to back of this page.
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Tl-l'.S IS TO CERTIFY THAT THIS IS THE OFFICIAL ZONING MAP
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